BELAL Vs. SOGRA KHATOON

JUDGEMENT

(1.) This revision application is directed against the final order dated 7-1-1988 passed by Sri Manoranjan Prasad Srivastava, Judicial Magistrate, 1st Class, Hazaribagh in Misc. Case No. 32/86 under Section 125 of the Code of Criminal Procedure (shortly 'the Code') by which he has directed the petitioner to pay maintenance to the opposite party at the rate of Rs. 300/- per month from the date of filing of the application under Section 125 of the Code holding that the opposite party, Sogra Khatoon, is the legally married wife of the petitioner.

(2.) The case of the opposite party, Sogra Khatoon, was that she was married with the petitioner in the year, 1980 according to Muslim rites and she lived with the petitioner for some time but the differences arose on account of non-fulfilment of certain demands and she was being maltreated. The father of the opposite party, thereafter, brought her to his residence on 12-2-84 and, thereafter, a case for maintenance under Section 123 of the Code was filed.

(3.) The case of the petitioner (opposite party in the trial court) was that the opposite party, Sogra Khatoon is not the legally married wife of the petitioner and the petitioner was never married with the opposite party and, as such, no rukshatti was performed on the following day of the marriage. The definite case of the petitioner is that he was married with Saibunissa, the younger sister of Sogra Khatoon in the year, 1982. It appears that, thereafter, the opposite party had sent notice to the petitioner and the petitioner had replied to that notice.