MD YUNUS Vs. BIBI PHENKANI TASRUN NISA

JUDGEMENT

(1.) The husband is the petitioner. This application is directed against the impugned order dated 2.4.1983 in Misc, Case No. 40 of 1979 field by the petitioner under sections 125(4) (5) and 127 (2) (3) (b) of the Code of Criminal Procedure (herein after to be referred to as the Code)Anand Prasad Singha, J. - The husband is the petitioner. This application is directed against the impugned order dated 2.4.1983 in Misc, Case No.40 of 1979 field by the petitioner under sections 125(4) (5) and 127 (2) (3) (b) of the Code of Criminal Procedure (herein after to be referred to as the Code).

(2.) The opposite party who happened to be the wife of the petitioner had filed a petition under section 125 of the Code in the court of the learned Sub-divisional Judicial Magistrate, Siknhana at Motihari claiming maintenance of Rs. 400/- per month for herself and her son Mumtaz (Opp. Party No.2). She has alleged that she is the legally wedded wife of the petitioner and Mumtaz was the son, The wife had claimed that the petitioner had contracted another marriage and was living with the second wife. The Opposite Party was being neglected and she was unable to maintain herself.

(3.) The petitioner had filed a show cause stating therein that he had already divorced the opposite Party-wife and she was a woman of loose character. Further the petitioner has claimed that he had paid dower debt to the opposite party. The petitioner has disclaimed Mumtaz to be his son. He had also stated that after divorce he had got a second marriage.