MD.MAHFOOZ ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed this application under Section 482 of the Code of Criminal Procedure for quashing the order dated 10.10.2001 whereby the learned Sub -divisional Judicial Magistrate, Madhupur has passed the order directing for issuance of distress warrant against the petitioner for payment of maintenance amount to the Opposite party no. 2 in Cr. Misc. No. 51 1985.

(2.) THE short facts giving rise to this application is that the Opposite party no.2, Sabiran Khatoon filed a petition u/s 125 Cr. P.C. for maintenance on her own behalf as well as on behalf of her son, claiming maintenance of Rs. 250/ per month each on the ground that the Opposite party no.2 Sabiran Khatoon was married with the petitioner in the year 1969 according to Muslim rites and three children were born out of their wedlock i.e. two sons and one daughter. Few years after their marriage, the petitioner performed second marriage with the daughter of one Benga Sheikh of village Lalparitan and out of that wedlock there are four children. The petitioner after taking another wife began to neglect the Opposite party no.2 and ultimately driven her away from his house alongwith her youngest son in the year 1980 and since then the Opposite party no.2 with her minor son are living in the house of her father. The Opposite party no.2 is not in a position to maintain herself and her son and they are depending upon her father whereas the petitioner has got income from service amounting to Rs. 700/ - per month besides Rs. 2000/ - per year from Agriculture. Accordingly, the said petition was filed.

(3.) A petition was filed before the court below under Section 127(3) (6) of the Code of Criminal Procedure for amending the maintenance amount, in view of the fact that there is no marital relationship between the parties but the learned court below rejected the prayer by the order impugned, hence this application.