SHAHZAD BANO Vs. SHER MOHAMMAD

JUDGEMENT

(1.) Appellant Shahzad Bano. wife of Sher Mohammad respondent, had filed an application under Sec. 125, Code of Criminal Procedure (for short Cr.P.C.) in the Family Court, Jodhpur, praying for maintenance for herself and her daughter Salma. The learned Judge rejected the prayer so far as the maintenance of the appellant was concerned and allowed Rs. 250.00 per month as maintenance to Salma, the daughter born out of the wedlock.

(2.) Mr. N.D. Khan, learned counsel for the appellant strenuously contended that the ground of cruelty taken by the appellant has been duly substantiated by her statement as well as her father's statement. It has been empathetically argued by the learned counsel that as the husband of the appellant has contacted second marriage, the petitioner is entitled to get maintenance while living separate from the husband.

(3.) Mr. S.G. Ojha, learned counsel for the respondent has justified the findings of the learned trial Judge on the ground that the ground of cruelty could not be proved and the petitioner was always, and still is, willing to keep the wife with him and as such appellant has been rightly denied maintenance by the learned Judge, Family Court. It has been submitted by the learned counsel for the respondent that but for the said statement of the appellant there is no evidence about the husband contacting second marriage.