MD. NIZAMUDDIN, SON OF LATE LAL MOHAMAD, RESIDENT OF KHETARI, MOHALLA P.S. Vs. STATE OF BIHAR AND BIBI RAUSHAN, DAUGHTER OF ILTAF MIAN @ LAL IMALI, RESIDENT OF MOHALLA

JUDGEMENT

(1.) The Petitioner seeks quashing of the orders dated 14.07.2006 passed in Cr. Misc. Case No. 5 of 2003 by which the Principal Judge, Family Court, Patna has reviewed the order dated 28.08.1989 passed by the Judicial Magistrate, Patna as also reviewed the order dated 16.09.1993 passed by the Sessions Judge, Patna by which he has directed to pay Rs. 1000.00 as maintenance to the Opposite Party No. 2 and her child every month.

(2.) The background facts of the case is that the Opposite Party No. 2 filed an application under Sec. 125 Crimial P.C. in the year 1988 numbered as Matrimonial Case No. 109M of 1998 for maintenance of herself and daughter, Jullie who was about six years at the time of filing her application. The Petitioner appeared before the Magistrate and filed his show-cause as well as written statement in which he stated that he had divorced his wife after which she had entered into a second marriage. Taking all this into consideration the Magistrate passed an order dated 28.09.1989 by which he directed the Petitioner to pay a sum of Rs. 450.00 and Den Mehar of a sum of Rs. 10,000.00 under Sec. 3 of the Muslim Women Protection of Right and Divorce Act and Rs. 150.00 per month to the daughter, Jullie. He was further of the opinion that on perusal of the evidence on the record it could safely be said that the Petitioner had divorced the Opposite Party No. 2 which was effective at least from the date when he had filed his show-cause.

(3.) The Petitioner thereafter filed a Revision Application before the District and Sessions Judge, Patna against the said order numbered as Cr. Rev. No. 699/1989 wherein a joint compromise petition was filed on 16.06.1999. An ex parte order passed on 28.08.1999 on the basis of compromise and the order of the Magistrate was upheld. Subsequently, the Opposite Party No. 2 filed Cr. Misc. Case No. 09/1997 before the Principal Judge, Family Court, Patna for enhancement of maintenance amount of Rs. 150.00 to Rs. 500.00 per month to daughter, Jullie. The said application was allowed on 22.04.1998 by the Principal Judge, Family Court, Patna by which he has directed the Petitioner to pay a sum of Rs. 300.00 per month to the daughter Jullie.