MD MANZOOR Vs. NAJMA KHATOON

JUDGEMENT

(1.) This application is directed against the impugned order of the Revision Court which has allowed the maintenance to the opposite party at the rate of Rs. 100/- per month by reversing the order of the learned Magistrate who had rejected the claim of maintenance under Section 125 of the Code of Criminal Procedure (hereinafter to be referred to as the Code).

(2.) Learned counsel appearing on behalf of the petitioner has argued as follows :-

(3.) Learned counsel has cited several decisions and, in my opinion, it is not necessary to discuss them individually but the decisions are being mentioned only, quite agreeing with the principles laid down on the points that a person becomes entitled for maintenance if there be desertion or separation mixed with cruelty, unable to maintain herself and not sufficient means to maintain and lastly that the person required to pay the maintenance must be capable of paying the same. The decisions are Kunna Sikaru Mambattikalathil Poppi Kovilamma v. Ravi Mandirathil Thamasikkuru Arikkarai Ravivarmanunni Mooppil Eradi, 1973 Cr.LJ 1878 ; Smt. Zubedabi v. Abdul Khader, 1978 Cr LJ 1555 and Manmohan Singh v. Smt. Mahindra Kaur, 1976 Cr LJ 1664.