ZOHRA KHATOON Vs. JAMIL AKHTAR

JUDGEMENT

(1.) This Cr. Revision is directed against the order dated 30th July, 2008 passed in Maintenance Case No. 128 of 2003 by which the Principal Judge, Family Court, Ranchi dismissed the proceeding initiated at the instance of the petitioner under Section 125 of the Code of Criminal Procedure by which the petitioner had claimed her monthly maintenance from the opposite-party-Jamil Akhtar.

(2.) The petitioner had initiated a proceeding under Section 125 of the Code of Criminal Procedure against the Opposite Party stating, inter alia, that she was married to him on 05.05.1992 according to Muslim Customary Law and thereafter she went to her matrimonial home where two sons Khalid Akhtar and Muzahid Akhtar were bom to her out of their wedlock. It was alleged that after some time the husband Opposite Party started demanding dowry, ill-treated and perpetrated torture to her in various ways. She further alleged that the Opposite Party sold a land which actually belonged to the petitioner and misappropriated its sale proceeds which caused agony, however, she made all efforts to resume good relation but of no avail and the husband-opposite party continued ill-treating her. Ultimately, she was assaulted and the opposite party drove her out on 26.06.2002 from her matrimonial home after retaining her jewelleries and other articles presented to her on the eve of her marriage. The petitioner alleged that the husband Opposite Party developed intimate relationship with another girl working in his office and for such reason he created such a situation compelling her to settle at her parental home. She was illiterate lady, unable either to maintain herself or her minor children, whereas Opposite Party was an employee of Central Institute of Psychiatric, Kanke drawing salary of Rs. 10,000/- per month, quite solvent to maintain the petitioner and therefore, she demanded a composite sum of Rs. 5,000/- from her husband-Opposite Party for maintenance of herself and two minor children.

(3.) On service of show-cause notice, the Opposite Party appeared and explained in the causes, shown that the petitioner was already divorced by him so the application under Section 125 of the Code of Criminal Procedure brought about by her for monthly maintenance was not maintainable. The Principal Judge, Family Court, Ranchi by the order dated 14.09.2004 dismissed the proceeding initiated by the petitioner, however, with the liberty to invoke the jurisdiction of the appropriate Court under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986.