JAMIL BANO Vs. HASAN ALIAS MOHAMMED HASAN DHALAI

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 27. 3. 92, passed by the Judge, Family Court, Jodhpur, by which the learned Judge of the Family Court allowed the application under Section 125 Cr. P. C. filed by the petitioner-applicants and awarded the maintenance @ Rs. 200/-per month to Smt. Jamil Bano for the Iddat period, i. e. , from 9. 1. 92 to 8. 4. 92, and to the daughter Kumari Arbina @ 125/- per month from the date of the application i. e. 7. 6. 90.

(2.) SMT. Jamil Bano, on 7. 6. 90, filed an application under Section 125 Cr. P. C. in the Court of the learned Judge of the Family Court, Jodhpur, against her husband Hasan for the grant of maintenance to herself as well as to her daughter Kumari Arbina, with the allegations that she was married to Hasan on 23. 8. 87 at Jodhpur as per the Muslim customs and rites and she stayed for some time with her husband but she was cruelly treated by him and on 23. 6. 88, she was forcibly turned-out from the house. Out of this wed-lock, Kumari Arbina was born. It was, also, stated in the application that she has no source of income and is unable to maintain herself as well as her daughter while her husband Hasan has sufficient income and he is capable to maintain them and as such he may be directed to make payment of maintenance allowance to them. This application was opposed by the husband and the allegations made in the application were denied. During the trial of this case, non-petitioner Hasan divorced his wife Jamil Bano. The applicant, in support of her case, examined herself as AW 1 and produced in evidence AW 2 Ujiya and AW 3 Champa Lal. The husband, in support of his case, examined himself as NAW 1 and produced in evidence NAW 2 Abdul Aziz. The learned Judge of the Family Court, after trial, came to the conclusion that the marriage between the parties was solemnized on 23. 8. 87 and Kumari Arbina was born out of this wed-lock and, therefore, the wife was turned-out from the house by the husband. The learned Judge of the Family Court, also, held that the husband has divorced the applicant on 9. 1. 92 and, therefore, she was allowed the maintenance only for the Iddat period and the daughter was granted maintenance from the date of filing the application.

(3.) IN the result, the revision petition, filed by the petitioners, is partly allowed. The husband-respondent Hasan is directed to make payment of the amount of the maintenance to Smt. Jamil Bano @ Rs. 200/- per month with effect from the date of the application, i. e. 7. 6. 1990 to 8. 4. 92. The question of enhancement of the amount of maintenance granted to the daughter Kumari Arbina is concerned, as the matter is pending on an application under Section 127 Cr. P. C. before the learned Judge of the Family Court, Jodhpur, as such the learned Judge of the Family Court while considering decide the same in accordance with law. .