ABDUL HAMID SHEIKH Vs. MUSSTT ANNA BIBI

JUDGEMENT

(1.) Heard Mr. AM Khan, learned counsel for the petitioner. Also heard Mr. M Islam, learned counsel for the respondent.

(2.) The petitioner and the respondent herein were married under the Shariat Law and according to the respondent the petitioner subjected her to torture in the name of dowry and as a result she and her two minor children were driven out from her matrimonial home, requiring the respondent to take shelter in her parental home. In the circumstances, the petitioner preferred Misc.Case No.655/2010 in the Court of the learned Judicial Magistrate 1st Class, Dhubri praying for maintenance under Section 125 of the Code of Criminal Procedure (for short, Cr.P.C.).

(3.) By the Judgment and Order dated 26.08.2011, a maintenance of Rs.600/- per month plus Rs.300/- per month each for the three children was awarded by the learned Magistrate. Subsequently the respondent preferred another application being Misc.Case No.525/2013 under Section 127 Cr.PC for enhancement of the maintenance. The claim for enhanced maintenance was contested by the petitioner by filing written statement.