MOHAMMED IQBAL Vs. JAHANARA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 8. 11. 93, passed by the Judge, Family Court, Jodhpur, by which the learned Judge of the Family Court sentenced the petitioner to five days imprisonment for each month's maintenance allowance remained unpaid as the petitioner failed to comply with the order dated 21. 5. 93 without sufficient cause.

(2.) MRS. Jahanara filed an application under Section 125 Cr. P. C. against her husband Mohammed Iqbal in the Court of the learned Judge of the Family Court, Jodhpur, for the grant of maintenance. It was alleged in the application that she was married to Mohammed Iqbal on 24. 7. 84 at Jodhpur as per the Muslim customs and rites. The husband used to take liquor daily and, also, used to regularly abuse her. He, also, gave beating to her mercilessly. A demand for a television was also, made by the husband which could not be fulfilled by her brother and the husband gave beatings to her on this count and ultimately, after six-seven months of the marriage, the husband left her at the parents' house. At that time she was pregnant and gave birth to Miss Rubina in her parents house. It has, also, been averred in the application that she has been neglected by her husband and is unable to maintain herself while the non-applicant (husband) has sufficient source of income of about Rs. 5,000/- per month and, therefore, she may be awarded the maintenance of herself as well as for her minor daughter Miss Rubina. The petitioner husband did not appear during the trial inspite of service and therefore, ex-parte proceedings were taken against him. The applicant, in support of her case, examined herself as AW 1 and produced in evidence AW 2 Salim Khan. The learned Judge of the Family Court relied upon the evidence produced by the applicant and after determining the income of the husband at Rs. 5000/- per month, awarded maintenance of Rs. 500/- per month to the wife and Rs. 300/- per month to the minor daughter by his judgment dated 21. 5. 93. Though the order for the grant of maintenance was passed by the learned Judge of the Family Court on 21. 5. 93 but the petitioner failed to comply with the order without any sufficient cause and, therefore, an application under Section 125 (3) Cr. P. C. was moved by the wife and the daughter for the issuance of Warrant for the levy of the amount amounting to Rs. 28,600/- and in case of default in the payment of this amount it was prayed that the non-applicant may be sent to civil jail. This application was opposed by the petitioner and the learned Judge of the Family Court, by his order dated 8. 11. 93, after giving ample opportunity to the petitioner to make payment, ordered for his imprisonment of five days for each month's default in making payment of the maintenance allowance. It is against this order that the petitioner has filed the present revision petition.