INKSAR Vs. SAJIDA

JUDGEMENT

(1.) These Criminal Miscellaneous Petitions have been filed by the petitioner challenging the orders dtd. 17/12/2014 and 19/11/2013 passed by Additional District and Sessions Judge, Baran in Criminal Revision Petition No.112/2009. Learned counsel for the petitioner submits that respondent had filed a petition under Sec. 125 Cr.P.C. before the Additional Chief Judicial Magistrate, Baran and learned court below vide order dtd. 22/6/2009 held the son Aish entitled to get the monthly maintenance of Rs.700.00 per month from the petitioner and rejected the application for maintenance filed by the respondent- wife-Sajida. Learned counsel for the petitioner also submits that petitioner as well as respondent both challenged the said order before the Additional District and Sessions Judge, Baran, who vide order dtd. 19/11/2013 disposed of both the revision petitions directing the petitioner to pay Rs.1500.00 per month to his minor son Aish till attaining the age of majority and also directed the petitioner to pay Rs.1500.00 per month to the respondent-wife- Sajida until she gets re-married. In this way, the Additional District and Sessions Judge, Baran directed the petitioner to pay a total sum of Rs.3000.00 per month to the respondent-wife-Sajida and her minor son Aish from the date of passing the order dtd. 19/11/2023. The respondent-wife was also held entitled to get Rs.700.00 per month from the petitioner from the date of passing the order by the trial court till passing of the order dtd. 19/11/2013. The said order dtd. 19/11/2013 was challenged by the petitioner-Inksar by filing S.B. Criminal Revision Petition No.97/2014 and the Co-ordinate Bench of this Court vide order dtd. 25/4/2014 disposed of the said petition and while setting aside the impugned order dtd. 19/11/2013, remanded the matter to Additional District and Sessions Judge, Baran with a direction to pass the order afresh in accordance with law. Pursuant thereto, the Additional District and Sessions Judge, Baran has passed the order dtd. 17/12/2014, whereby the revision petitions have been disposed of and the petitioner-Inksar has been directed to pay Rs.1000.00 to the minor son Aish till he gets the actual custody of him in accordance with law and to pay Rs.1500.00 per month to the respondent-wife till she gets re-married. In this way, Additional District and Sessions Judge, Baran vide its order dtd. 17/12/2014 has directed the petitioner-Inksar to pay a total sum of Rs.2500.00 per month to the respondent-Sajida and minor son Aish as maintenance. Rest part of the order dtd. 19/11/2013 was maintained.

(2.) Learned counsel for the petitioner also submits that learned revisional court had committed error in granting the maintenance to respondent-Sajida as well as son Aish. The petitioner is a guardian and he has been granted custody of the son Aish by the District Judge, Baran. So, maintenance order is not according to Muslim law. Respondent-Sajida had given the divorce by her own will. So, order of the revisional court be set aside.

(3.) None has appeared on behalf of the respondent. I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned orders.