ZULEKHA KHATOON Vs. STATE

JUDGEMENT

(1.) The petitioner claiming to be the wife of opposite party No. 2 Rahinuddin Ahmad filed a petition on 19-10-1987 before the learned Chief Judicial Magistrate, Siwan, for grant of maintenance under Section 125, Cr. P.C. The learned Judicial Magistrate being satisfied from the evidence granted maintenance of Rs. 300/- per month to the petitioner and her minor daughter. Opposite party No. 2 disputed the marriage. The case of the petitioner was that the marriage was solemnized on 12-8-1986 at Naya Kila, Siwan where her relatives lived. At the time of marriage a Nikahnama was prepared which was duly signed by two witnesses. The petitioner also filed a Birth Certificate (Ex. 2) in which it was stated that the minor daughter was born on 12-10-1986 (sic) and opposite party No. 2 was the father of the girl.

(2.) The petitioner examined four witnesses in support of her case. Opposite party No. 2 also examined four witnesses in support of his plea that the petitioner was not his legally wedded wife. Imam Hasan has stated that he was present at the time of Nikah. He has signed the document of Nikah. He also identified the signature of other witnesses. Moulana Atiqur Rahman and Mian Jaan, father of the petitioner also supported the case of the petitioner. Sohrab Mian also supported the prosecution case.

(3.) Opposite party No. 2 challenged the order of the Judicial Magistrate granting maintenance to the petitioner before the Additional Sessions Judge. The learned Addl. Sessions Judge who heard the revision set aside the order of the Judicial Magistrate on the ground that the petitioner has not been able to prove that she was legally wedded wife of opposite party No. 2. Before deciding the case the learned Addl. Sessions Judge did not apply his mind to scope of Section 125, Cr. P.C. A number of witnesses have supported the case of the petitioner. The learned Magistrate has given cogent reason in accepting the evidence of the witnesses.