HAZI FARZAND ALI Vs. NOORJAHAN

JUDGEMENT

(1.) This petition is directed against the order of the learned Munsif and Judl. Magistrate, Bhilwara dt. 18-6-87, whereby, the learned Magistrate has awarded maintenance to the three children of the respondent Mst. Noor Jahan.

(2.) On 8-1-85 the applicant non-petitioner Mst. Noor Jahan filed an application u/s. 125, Cr. P. C. stating, inter alia, that she was married with the non-applicant-petitioner in the year 1970 and the Mehar was agreed to the tune of Rs. 5000/-. Out of their wedlock, she gave birth to three children from the loin of Hazi Farzand Ali (the husband). According to the petitioner, they are aged 6, 8 and 11 years and two are getting education in IInd Standard and IVth standard. The learned Magistrate granted the maintenance to the tune of Rs. 300/- per month in respect of the three children on the basis of the version of the present petitioner himself.

(3.) Learned counsel for the petitioner submitted that the right of children is ancillary to the mother's right and mother has no right to move u/s. 125. The application u/s. 125, Cr.P.C. was not maintainable. He referred to S. 7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act) and also referred to the provision contained in S. 4 of the Act.