RASHIDAN Vs. BAAZ ALI

JUDGEMENT

(1.) MS . Rashidan filed application under Section 125 Cr.P.C. against her husband Baaz Ali on her behalf as well as on behalf of her minor daughters Nazia Parveen and others whereby they have claimed maintenance to the tune of Rs. 1700/- @ Rs. 500/- per month for Rashidan and @ Rs. 300/- per month for each of the children in the Court of Judicial Magistrate First Class, Malerkotla.

(2.) DURING the pendency of this application, she filed application under Section 311 Cr.P.C. for summoning, recalling and examining witnesses namely Bashir, Ultaf, Shabir and Ramzan. It was stated that on 1.3.93 they all were present, they could not be examined as the lawyers happened to be staying away from work that day. Case was adjourned to 27.4.93. On 27.4.93 her some witnesses were recorded by the Court. Her evidence was closed by the Court without affording her another opportunity to produce her witnesses. It was stated in that application that the examination of her previous husband was necessary with a view to showing that he had divorced her and after she had been divorced by him, she was free to remarry. It was also stated in that application that she wanted to prove her "nikahnama" with Baaz Ali. her "nikahnam" with Baaz Ali was signed by Baaz Ali and attested by two witnesses namely Gulzar Khan and Musraf Ali. It was stated in that application that the examination of Bashir, Ultaf, Shabir and Ramzan was necessary in the interest of justice. If these witnesses had been examined, the Court could have arrived at truthful conclusion and examination of these witnesses would have helped the Court in arriving at the truth.

(3.) RASHIDAN went in revision. Revision was dismissed by Sessions Judge, Sangrur vide order dated 12.11.93 Annexure P-3 saying that no revision lay against an interlocutory order in view of the provisions of Section 397(2) Cr.P.C.