MUMTAZ BEGUM Vs. YUSUF KHAN

JUDGEMENT

(1.) This revision petition is directed against the order dt: 26-10-1996 passed by the Judge, Family Court, Udaipur whereby he dismissed the application of the petitioner u/s 125 Cr. P.C. holding that she has no just cause to live separately on the ground of contracting second marriage by the husband.

(2.) The undisputed facts are that petitioner Mumtaz Begum was married to Yusuf Khan on 25-3-1988. There was trouble in the marital relations. Yusuf Khan started keeping one Smt. Roshan Begum as his wife after performing 'Nikah'. The petitioner filed an application u/s. 125. Cr.P.C. stating that she was subjected to cruelty by her husband and as he has married again it was not possible for her to live with him and she was entitled to maintenance. The case set up by the husband-respondent was that he did not cause cruelty to the petitioner and she herself left the matrimonial home. The learned Judge, Family Court framed three issues which are to the following effect:

(3.) Both the sides led oral evidence. The learned Judge found issues no. 1 and 2 in favour of the petitioner. Issue no. 3 was decided against the petitioner on the ground that a Muslim husband can have four wives at a time and therefore there is no just cause for the petitioner for not living with her husband. He therefore, refused maintenance to her.