MD.TAHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application u/s 482 of the Code of Criminal Procedure (in short as Code) has been filed for quashing the order dated 11.2.2005 passed by Shri A.K. Sinha, Judicial Magistrate, 1st Class, Katihar in maintenance case no. 75/04 by which he has allowed interim maintenance u/s 125 of the Code and has directed the petitioner/Opposite Party to pay Rs. 400.00 per month to the child and Rs. 600.00 per month to the wife, i.e., complainant, Bibi Sabnam Ara.

(2.) THE case of O.R No. 2/wife is that she was married to petitioner Md. Tahir on 13.5.1993. At the time of marriage certain cash and articles were given. Their married life started on good notes and out of wedlock she gave birth to a boy on 3.6.94. It is said that subsequently in laws started making demand and due to its non -fulfilment she was subjected to torture. It became difficult for her to live properly with her minor son. In the year 1999 she was ousted from the house. She went to her father 'splace. Panchayati was held to resolve the matter but it could not succeed. Her husband went for second marriage also.

(3.) IT has been submitted that as per Muslim Women (Protection of Rights on Divorce) Act ( in short as Act) the petitioner is liable to pay maintenance for three months and ten days from the date of divorce only to his wife and nothing beyond that. He further submitted that so far as minor son is concerned, in the light of order dated 11.2.2005 the petitioner has sent Rs. 1200.00 by Money - Order in the name of Master Raunaaque Tahir C/o Bibi Sabnam Ara on 7.4.2005. Learned counsel pointed out that order of ad interim maintenance in favour of the wife is not proper in view of provisions of the Act.