MUZAFFARUDDIN Vs. HAJIRA BEGUM

JUDGEMENT

(1.) THIS revision petition arises out of an order passed by the Chief City Magistrate, awarding maintenance to the respondents. Respondent No. 1 is the wife of the petitioner and respondents Nos. 2 and 3 are "the minor daughters. The respondent in her petition in the lower Court stated that her husband was ill -treating her and forced her to go away from his house. She has given her statement on oath in this respect and a doctor has been produced to show that there were marks of violence upon her person. The lower Court has come to the conclusion that ill -treatment of the wife was proved by the evidence in the case.

(2.) AFTER thoroughly going into the evidence and the record of the case, I am not prepared to interfere with the conclusions arrived at by the lower Court in this respect and agree with it that neglect of the husband to maintain the wife has been sufficiently proved. The husband has not made out a case that the wife refused to live with him without sufficient cause. The ill -treatment of the wife is a sufficient cause for her to leave the house and live separately from her husband. In view of the income, evidence on which point has been led, I agree with the lower Court that Rs. 50/ - per month is the proper allowance to be allowed to the wife.

(3.) IN 'Mt. Zahurabi v. Mohamed Yousuf',, 32 Cri L J 247 (Lah), it was held that in the case of a minor child, living with the guardian, the condition imposed by the father that he would maintain it only if the child went to reside with him is tantamount to refusal to maintain the child. In the case before me, the husband in his deposition and also in his various letters has stated that he continued to send Rs. 50/ - for the maintenance of his children for some time, but when the wife refused to send the children over to his house, he stopped the maintenance of the children. This, in my view, is tantamount to refusal to maintain the children.