ENAMUL HAQUE Vs. BIBI TAIMUNISSA

JUDGEMENT

(1.) This application in revision on behalf of Enamul Haque is directed against an order of a Magistrate, first class, Chapra, dated the 9th September 1963, directing him to pay maintenance to his wife Bibi Taimunissa (opposite party) and her two minor daughters, namely. Nasima Khatoon and Sahima Khatoon.

(2.) On the 21st July 1961, the opposite early filed an application under Section 488 of the ode of Criminal Procedure for her own maintenance at the rate of Rs. 50 per month and for the maintenance of her two minor daughters Nasima and Sahima, aged eight and five years respectively (on the date of the application) at the rate of Rs. 35 per month each.

(3.) The case of the opposite party was that she was lawfully married to the petitioner eleven years back, but, for the last three years the petitioner was ill treating her. Her further case was that she gave birth to the two daughters as aforesaid. She alleged that, two years back, he mercilessly assaulted her and the two daughters and turned them out of his house. After having been driven out of the house of the petitioner, the opposite party was living with her two daughters at the house of her father at Chapra. She, further, alleged that the petitioner was possessed of sufficient means to pay maintenance to her and her two daughters.