SHEIK ALIMUDDIN Vs. TAJMUNNISA

JUDGEMENT

(1.) This petition has been filed Under Section 482, Cr.P.C. by the husband-petitioner against the wife-opposite party for quashing of the order dated 21.9.1994, as contained in Annexure-1 passed by Mr. Ram Kishore Singh, the then Sessions Judge, Singhbhum (East), Jamshedpur in Criminal Revision No. 17/94 arising out of an order dated 7.12.1993 contained in Annexure-2 passed by the then Sub-Divisional Judicial Magistrate, Ghatshila in Misc. Case No, 2/86 under Section 125 of the Cr.P.C.

(2.) The opposite party No. 1-wife had filed an application Under Section 125, Cr.P.C. for grant of monthly maintenance to her and to her children before the Sub-Divisional Judicial Magistrate at Jamshedpur in Misc. Case No. 2/86. Her case was that she was legally married to the petitioner and after marriage they started to reside together as husband and wife. The opposite party has got his own Biscuit Bakery shop at Ghatshila and earns Rs. 5,000/- per month and that he has also got a rice Shop at Sakchi (Jamshedpur) having monthly earning of Rs. 7,00()/-. After the marriage both the spouses were leading a happy conjugal life and four female off-springs were born in the wedlock. But all of a sudden the petitioner-husband started beating the opposite party-wife without any reason and she was not provided with food and clothes. In the month of June, 1985 the wife had to leave the house of the opposite party-husband for fear of her life and ultimately took shelter in her father's house at Ghatshila and having no income she is passing her days in vagrance. Two minor children are residing with the wife while the other two with the husband. She claimed for maintenance for herself and for her two minor female children. The opposite party contested the claim besides taking other pleas regarding denial of so much monthly income as stated in the petition Under Section 125, Cr.P.C. He had taken the plea that the wife was an ill-tongued and ill-tampered woman and she was completely disobedient and had not affectionate consideration for the comforts and well-being of the husband. She was in the habit of quarrelling with the husband and his mother as well and also with the neighbours and as such the life of the husband became miserable. He tried his level best to maintain the conjugal life but having unable to tolerate the situation, he divorced her on 14.7.1985 by uttering the word Talak' thrice in the hearing of the applicant and also other three persons and that event of divorce took place during the stay of the wife and the husband at Ghatshila and from that date there remained no conjugal relationship between the two. It was admitted that at the time of giving Talak' the wife was pregnant for about seven months. This matter of Talak was referred to Kaji and a Fatwa was given by the Kaji to the effect that Talak given by the husband was a valid one in the eye of law.

(3.) The case proceeded on the pleadings of the parties as mentioned above. Both parties adduced evidence. From the side of the wife, there was total denial of the plea of divorce as taken by the husband. After considering the evidence on record, the learned Sub-Divisional Judicial Magistrate held that the divorce, as stated by the husband, was not proved and as such held that there was no dissolution of marriage by divorce on 14.7.1985 as stated from the side of the husband and as such considering the income of the husband had passed order of maintenance to the tune of Rs. 300/- per month in favour of the wife while Rs. 200/- per month each for the two minor children who were in custody of the wife.