FAZAL RAHMAN Vs. SHABANA

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 Cr.P.C. is directed against the order dated 25.2.2006 passed by Additional Chief Judicial Magistrate No.3, Bikaner (for short 'the trial court' hereinafter), whereby the trial court awarded maintenance @ Rs. 1000/- per month in favour of nonpetitioner No.2, a minor daughter of the petitioner aged about 5 years from the date of application on an application filed by non-petitioners under Section 125 Cr.P.C. Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and the counsel appearing for the non-petitioners. Carefully gone through the judgment and order impugned.

(3.) It is contended by the counsel for the petitioner that the petitioner is prepared to keep and maintain the non-petitioners, but the non-petitioner AW-1 Smt. Shabana in her statement categorically stated that even if the petitioner is prepared to keep and maintain them, neither she is prepared to live with the petitioner nor prepared to hand over the non-petitioner No.2 minor daughter of the petitioner. Learned counsel further submits that non-petitioner No.1 is adamant in not resuming the matrimonial home as also not allowing the petitioner to keep the non-petitioner No.2 and claimed the maintenance. Learned counsel for the petitioner has relied on a decision of this Court in Mst. Shahida Vs. Chhuttan Khan, 1986 Cr.L.R. (Raj.), 321, wherein this Court held that when the husband made a proposal that boy should be kept with him and he was ready to maintain him. But this proposal was also rejected by the petitioner, and she is not ready to hand over the child to the non-petitioner therein. On this premise, this Court held that the non-petitioner therein cannot be directed to pay the interim maintenance for the child also.