GHULAM MOHD DOBI Vs. MST NOORA BIBI

JUDGEMENT

(1.) THIS is an application against an order passed by the Chief Judicial Magistrate Srinagar allowing the application of the applicant wife and granting a maintenance of Rs. 30/- per month to her and a further maintenance of Rs. 20/- to petitioner No. 2, the infant child.

(2.) THE applicant's case before the trial court of the CJM was that she was the legally wedded wife of the petitioner husband and had a child about was years old, that the petitioner had been ill-treating her and had ultimately driven her out of the house after snatching away all her ornaments and assaulting her and since then he liad been negligent and paying nothing to tier for her maintenance as also that of her infant child.

(3.) THE application was resisted by the petitioner husband on the ground that as the wife refused to live with the husband or to maintain matrimonial relations with him, he was forced to contract a second marriage and the wife simply refused to live with him, although the husband had offered to maintain her.-