HUSNARA BEGUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order dated 4.9.2008 passed in Maintenance Case No. 125 of 2004 by the learned Principal Judge, Family Court, Katihar, is subject matter of challenge in both the above mentioned criminal revision applications. Therefore, both the applications have been heard together and are being disposed of by this common order.

(2.) In Cr. Revision No. 1280 of 2008, petitioner no.1 Husnara Begum (herein after referred to as 'the wife') claims to be legally wedded wife of opposite party no.2 Md.Islamuddin. Petitioner no.2 is said to be the minor son, born out of the wedlock of petitioner no.1 and the opposite party no.2. They have assailed the validity and correctness of the aforesaid impugned order dated 4.9.2008 passed in the aforesaid Maintenance Case No. 125 of 2004, on the ground that their claim for maintenance has been allowed under section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') only for a limited period i.e. from 3.11.2004 to 23.8.2006.

(3.) Md. Islamuddin (hereinafter referred to as 'the husband'), petitioner in Cr. Revision No. 498 of 2009 has assailed the validity and correctness of the impugned order dated 4th September, 2008 only on the question of quantum of maintenance allowed in favour of the opposite party nos. 1 and 2 of that case for a limited period. It is contended that the petitioner is working as a labourer and the quantum of maintenance fixed is excessive, therefore, this is required to be modified and reduced.