MUSAFFAR HUSSAIN Vs. ANJUN AFSHA

JUDGEMENT

(1.) THIS petition has been filed by the husband, being aggrieved against the order dated 4. 12. 87 of Additional Munsif Judicial Magistrate No. 2 (South) Kota, and the judgment of Additional Sessions Judge No. 1 Kota dated 4. 2. 89 passed in criminal revision No. 3/88 in a proceeding under section 125 Cr. P. C. as well as section 3 of the Muslim Women (Protection of Rights on Divorce) Act.

(2.) IN brief, the facts are that the non-petitioner (wife) filed an application under section 125 Cr. P. C for grant of maintenance allowance in the court of Additional Munsif and Judicial Magistrate No. 2 (South) Kota alleging therein that she was married to the petitioner in accordance to Muslim Law on 3. 5. 83 at Kota, but she was deserted by her husband (petitioner) on 10. 10. 83 i. e. just after five months of the marriage. She claimed maintenance allowance at the rate of Rs. 500/- per month.

(3.) AGGRIEVED against the aforesaid order, the petitioner filed a revision petition which was heard and disposed of by the Additional District and Sessions Judge No. 1, Kota. The revision was also dismissed by the learned Additional Sessions Judge vide judgment dated 4. 2. 89. Hence this petition under section 482 Cr. P. C. has been fild by the petitioner challenging the aforesaid orders/judgments of the learned courts below.