BIBLSOGHRAKHATOON Vs. SHEIKH TAUHEED

JUDGEMENT

(1.) This revision-application is directed against the order dated 18th September, 1992, passed by the First Additional Sessions Judge in Cr. Rev. No. 179/91 TR93/92 whereby and whereunder the learned Add1. Sessions Judge has dismissed the revision application with modification in the order of the learned Magistrate to the effect that the opposite party shall be liable to pay maintenance to the petitioner at the rate of Rs. 150/- per month from the date of filing of the application, i.e. 30.10.89 to the date of filing of the show cause by the opposite party, i.e. 7th March, 1990 and for the period of Iddat.

(2.) In short, the relevant facts are that the petitioner filed an application before the Magistrate First Class, Purnea under Section 125 of the Code of Criminal Procedure claiming Rs. 500/- per month as maintenance allowance for herself and Rs. 250/- per month for maintenance of her minor daughter from the opposite party. On the notice issued by the learned magistrate, the opposite party appeared in the court on 3.10.89 and filed his show cause on 6.3.90 stating inter alia that he filed a petition in the court of S.D.O. in the year 1985 and ultimately divorced the petitioner in October, 1985 besides denying the allegation made by the petitioner and making allegations against her. The parties led their evidence and the trial court after considering all the materials on the record allowed maintenance of Rs. 150/- per month to the wile namely, the petitioner and Rs. 75/- per mont'- for the minor daughter.

(3.) The opposite party being aggrieved by the said order filed Cr. Revision No. 179/91 in the court of learned Sessions Judge, Purnea, which was finally heard by the First Addl. Sessions Judge, Purnea.