MOHDKHALID Vs. NASIMA KHATOON

JUDGEMENT

(1.) This petition in revision is directed against the judgment dated 17th June, 1987 passed by the Judicial Magistrate, Ist Class, Barh in Case No. M. 41 of 1984, Trial No. 899/87 whereby the learned Magistrate has directed the petitioner to pay monthly maintenance allowance of Rs. 300/- to the respondent and her minor daughter.

(2.) It appears that the respondent was married to the petitioner according to the Muslim Personal Law and both the parties began to live as husband and wife. After some time, a daughter, namely, Sajida Khatoon was born. On 24.6.84, the petitioner is alleged to have divorced the respondent at his residential house and thereafter the respondent left the house of the petitioner with her baby (daughter) and began to live with her mother. Thereafter on 12.11.84, the respondent filed a petition under Section 125 of the Code of Criminal Procedure claiming the maintenance of Rs. 500/- per month for herself and Rs. 200/- as maintenance for her minor daughter, inter alia, on the ground that she had not re-married and she was unable to maintain herself as well as her daughter.

(3.) The petitioner, who was the opposite party before the Magistrate took the plea that there was cordial relationship between the parties and the trouble arose when the respondent Nasima Khatoon refused to live with the petitioner and demanded a sum of Rs. 500/- per month for her maintenance as well as for the maintenance of the daughter. The petitioner is said to have assured the wife (respondent) that he would maintain her provided she lived with him. The petitioner is also said to have taken the plea that he had no independent source of income and the property was joint with his sister and mother. He also denied that he had two shops at Calcutta from which he had income of Rs. 2000/- per month besides income from landed property.