JAHANARA BEGUM Vs. KHOWAZUDDIN

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 16.1.95 passed by the learned Sessions Judge at Barpeta in Crl. Motion No. l(B-l)/94 setting aside the judgment and order dated 27.9.93 passed by ihe learned Judicial Magistrate at Barpeta in Misc. Case No. 129m/91 under Sectionl25 CrPC directing the second party-opp. party to pay a monthly allowance of Rs 200/- to the first party-petitioner for her maintenance.

(2.) The first party's case in brief is that on 30.3.91 she was married to the second party according to the Muslim Law and after the marriage both 01 them live as husband and wife in her parents' house for about a week . Thereafter, the 2nd party left for his own house on the pretext of appearing in his college examination. He did not return to take the first party to his house, nor has he maintained her since then. The first party then instituted the above Misc. Case under Sec. 125 CrPC in the court of the Judicial Magistrate claiming a monthly allowance of Rs. 400/- for her maintenance.

(3.) Second party contested the claim. He disputed the factum of marriage and denied to have ever lived with the first party as husband and wife. He alleged that the first party instituted the false case against him out of grudge. The first party examined 5 witnesses including herself. The second party examined himself and 3 other witnesses.