ANISHA BIBI Vs. EZAZ AHMED

JUDGEMENT

(1.) These two revision applications have been filed against the same impugned judgment dated 7.12.2011 passed by Principal District and Sessions Judge-cum-Principal Judge, Family Court, Pakur in Criminal Miscellaneous Case No. 15 of 2010 by both the parties. Therefore, both the revision applications were heard together. The petitioners in Criminal Revision No. 548 of 2012, filed an application under Section 125 Cr.P.C. against the opposite party namely Ezaz Ahmed, who is the husband of the petitioner No. 1 and father of petitioner Nos. 2 and 3 (in Criminal Revision No. 548 of 2012) before the Court of Principal Judge, Family Court, Pakur, for a direction to the opposite party to pay a maintenance of Rs. 30,000/- to them as he is not maintaining them.

(2.) The said case was registered and the court below after considering the evidence adduced by both the parties and the materials on record, directed by its judgment dated 7.12.2011 to the opposite party to pay the maintenance of Rs. 3,000/- to the petitioner No. 1 and Rs. 1,000/- to each of the children (petitioner Nos. 2 and 3) till they attained the age of majority. Besides this, the opposite parties are also directed to pay a sum of Rs. 1,000/- as expenses of the proceeding.

(3.) Counsel for the petitioners, has submitted that the case in brief is that, as the petitioner No. 1 is the wife of the opposite party and the petitioner Nos. 2 and 3 are the minor children of the opposite party but the opposite party did not maintain them and ultimately having no alternative, the petitioners have filed the instant case under Section 125 Cr.P.C. claiming the maintenance. It is contended that the petitioner No. 1 namely Anisha Bibi is legally married wife of the opposite party namely Ezaz Ahmad and their marriage was solemnized according to the Islamic rites and customs few years ago. The petitioner Nos. 2 and 3 are the minor children of the opposite party No. 2 from the said wedlock. At the time of marriage, Rs. 1,50,000/- was fixed as 'Den Mohar, out of that, an amount of Rs. 50,000/- was paid in cash and Rupees One Lakh was deposited with the State Bank of India, Pakur, at Chanchki Branch in the joint name of petitioner No. 1 and the opposite party. Both the parties lived peacefully for three years, but, thereafter, the opposite party started demanding a sum of Rupees Two Lakhs for which a complaint case was filed, but ultimately, the said case was compromised. Thereafter, the opposite party again started demanding a sum of Rupees Five Lakhs and due to non-fulfillment of the said demand, the petitioner No. 1 was subjected to mental and physical cruelty. Thereafter, the said amount of 'Den Mohar' i.e. Rupees One Lakh which was deposited in the Bank, was withdrawn after threatening the petitioner No. 1 and ultimately, the opposite party started assaulting in such a way, the petitioner No. 1 informed her brother regarding the harassment and assault and he brought to her his house with the said two children.