GAFOOR ALI Vs. BEGUM

JUDGEMENT

(1.) THIS revision, arising out of an application filed by a neglected Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure, 1973, (hereinafter, for short, the Cr. P. C'.), is husband's petition against the order of the maintenance to the wife passed by the learned Sessions Judge Jhalawar, who has quashed the refusal order to grant of maintenance under S. 125, Cr. P. C. , passed by the Judicial Magistrate, Aklera. The husband has challenged the order of nominal amount of Rs. 100/- per month.

(2.) THE petitioner, who is a Proprietor of Cycle shop in the village Sarola Kalan District Jhalawar (Rajasthan), was married to the non-petitioner 5 years before the filing of the application under S. 125, Cr. P. C. After the marriage, the non-petitioner, as alleged in the application, remained with her husband for a period of 3 years THE husband petitioner is alleged to have maltreated, and used to beat the wife-non-petitioner THE husband is not properly maintaining his wife by not providing and fulfilling the basic requirement of life to her, and drove the wife out of the matrimonial home. THE husband has also performed the second marriage.

(3.) A look at the S. 125, Cr. P. C. would show that under S. 125 (1) (a), a person who, having sufficient means, neglects or refuses to maintain his wife who is unable to maintain herself, can be asked by the court to pay a monthly maintenance to her at a rate not exceeding five hundred rupees. These provisions are too clear and patent warranting any further doubt and debate.