MUGHLI Vs. MOHD PARREY

JUDGEMENT

(1.) THIS reference has been made by the Sessions Judge, Baramulla, recommending that the order of the Judicial Magistrate Sumbal declining to grant maintenance to the petitioner be set aside and the respondent be ordered to pay a monthly allowance of Rs. 50/ - to the petitioner from the date of the application. Arrears be also paid in six equal instalments.

(2.) MST . Mugli the petitioner moved the Judicial Magistrate Sumbal under Sec. 488 of the Code of Criminal Procedure claiming maintenance from Mohammad Parrey her husband on the ground of neglect and desertion. She averred that the respondent was brought as a Khana Damad and he had to live with her in her fathers house under custom. The respondent, however, fled away from her parents house and neglected to maintain her. She also alleged cruel treatment of the husband.

(3.) THIS application was contested by the respondent on the ground that the application was mala -fide with intent to seek divorce from him. He denied the allegation of cruelty. He made an offer to maintain the petitioner on condition of her living with him separately. The trial Magistrate on consideration of the evidence disallowed the application. The petitioner thereupon moved the Sessions Court at Baramulla in revision. The learned Sessions Judge who has made this reference has observed that the respondent has the status of Kahana damad and under custom he has to live with his wife in her parents house. He has no right to ask the wife to leave her parents house and live with him outside the in -laws house. Therefore the offer made by the husband is not bona -fide, but only to defeat the claim of the petitioner.