MUMTAZ BEGAM & ORS. Vs. RAISH KHAN

JUDGEMENT

(1.) - The petitioners are aggrieved by the order dated 20.9.2005 passed by the Family Judge, Udaipur whereby learned Judge has directed to non-petitioner, Raish Khan, to pay maintenance of Rs. 700/- to his wife Mumtaz Begum petitioner No. 1, and Rs. 300/- to his daughters Miss Sazeda, Miss Saista and Miss Khusra petitioner Nos. 2, 3 and 4 respectively. Since petitioners claim that the maintenance amount is too little for their survival, they approached this Court for enhancing the maintenance amount.

(2.) The brief facts of the case are that petitioner No. 1, Mumtaz Begam, and non-petitioner No. 2, Raish Khan, were married in the year 1999 according to Muslim customs and rites. However, from the very beginning the marriage was a disturbed one, as petitioner No. 1 claims that the non-petitioner was not only addicted to alcohol, but would also demand dowry from her. Despite having three small daughters, the petitioner No. 1 was thrown out of the matrimonial home along with her daughters. Since the petitioner No. 1 was unable to maintain herself and the three daughters, she filed an application under Section 125 Cr.P.C. before the Family Court, Udaipur. Although, the non-petitioner submitted his reply, he did not contest the case; in fact, subsequently he stopped appearing before the Family Court. Thus, the Family Court proceeded ex-parte against him. After going through the oral and documentary evidence, vide order dated 20.9.2005, learned Judge granted a maintenance as aforementioned. Hence, this petition for enhancement.

(3.) Vide order dated 16.2.2006, this Court had issued a notice to the non-petitioner. Subsequently, the notice was served on 11.1.2008. Despite the service of notice, no one has appeared on behalf of the non-petitioner. Therefore, even this Court has no option but to proceed ex-parte against him.