IQBAL SHAH Vs. MST. BANO

JUDGEMENT

(1.) THIS petition Under Section 482 Cr. P.C. has been filed against the order dated May 7, 1988, passed by the Additional Sessions Judge, Chittorgarh in Criminal Revision Petition No. 85 of 1985, and also the order dated July 16, 1988, passed by the Additional Munsif and Judicial Magistrate, First Class, Kapasan. Though a single petition is not maintainable against the two separate orders passed by the two separate Courts in two separate proceedings, but since the notice has been issued by the Court and the opposite party has put -in appearance, I, therefore, propose to decide the same rejecting the objection regarding the maintainability raised by the learned Counsel for the non -petitioner.

(2.) MST . Bano W/o Iqbalshah filed an application Under Section 125 Cr. P.C. for grant of maintenance for herself and for her three minor children in the Court of the Judicial Magistrate, Kapasan on November 2, 1985. It was mentioned in the application that she was married to Iqbalshah and out of the wed -lock, three sons were born to her and she has been forcibly turned -out from the house and the period during which she remained with her husband, she was cruelly treated by her husband. Now, she has come to know that the non -petitioner Iqbalshah has contacted second marriage with Mumtaz alias Munna on October 16, 1982. It was, also, mentioned that as she has no independent source of income to maintain herself and her children, therefore, an amount of Rs. 1000/ -per months may be awarded to her as maintenance to maintain herself as well as to her three children. This application was contested by the non -applicant Iqbalshah and in the reply it was stated that he did not turn -out Mst. Bano from his house, but her father had taken her away and she is not coming back. If she comes back, he is ready to maintain her. The factum of second marriage was, also, denied. Both the parties led their evidence and the learned Magistrate, by his order dated January 25, 1985, allowed the application filed by the applicant Mst. Bano and awarded the maintenance of Rs. 300/ -per month for herself as well as for her three children. Dissatisfied with this order, passed by the learned Munsif and Judicial Magistrate, First Class, Kapasan, the petitioner preferred a revision petition before the learned Additional Sessions Judge, Chittorgarh, and the learned Additional Sessions Judge, by his order dated May 7, 1988, rejected the revision petition filed by the petitioner. It is against this order that this petition Under Section 482 Cr. P.C. has been filed.

(3.) IQBALSHAH did not pay the amount of maintenance granted by the learned Munsif and Judicial Magistrate, Kapasan, which order was confirmed by the learned Additional Sessions Judge, Chittorgarh. Mst. Bano, therefore, moved an application Under Section 125 Cr. P.C. in the Court of the learned Magistrate on March 28, 1986 for the recovery of the maintenance allowance with effect from March 25, 1985 to March 24, 1986. On that application, the Court passed an order on July 16, 1988, by which the Court directed Iqbalshah to make payment of the amount of Rs. 3600/ - towards maintenance to the petitioner Mst. Bano, and, in default of payment, he was directed to be sent to the jail for thirty days. It is, also, against this order that the present petition Under Section 482 Cr. P.C. has been filed. It will not be out of place to mention here that the petitioner, against this order dated July 16, 1988, preferred a revision petition, also, before the learned Additional Sessions Judge, Chittorgarh, which was registered as Criminal Revision Petition No. 59 of 1988, and in that revision petition, an order was passed on July 21, 1988, that if Iqbalshah deposits the amount of Rs. 1000/ -, he may be released from jail. It is, thus, clear that when this petition Under Section 482 Cr. P.C., challenging the order dated July 16, 1988, was preferred before this Court, at that time the revision petition was already filed in the Court of the Additional District & Sessions Judge, Chittorgarrh, and an order was obtained.