MD. GULZAR MIAN @ GULZAR MIAN Vs. ZOHRA KHATOON

JUDGEMENT

(1.) THIS appeal has been placed before this Bench for deciding the maintainability of this appeal under Section 19 of the Family Courts Act.

(2.) THE respondent filed an application before the Principal Judge, Family Court, Hazaribagh under Section 125 Cr.P.C. claiming maintenance from the respondent. The case of the respondent is that she was earlier married with the elder brother of the appellant and after his pre -mature death she was again solemnized marriage with the appellant in the year 1973 and, thereafter, both started living together. Out of the wedlock three children were born. Respondent's further case is that appellant again contacted second marriage with one Rabiya Khatoon and started neglecting the respondent and her children. The case was contested by the appellant of various grounds. Both oral and documentary evidences were adduced by both the parties. The Family Court after discussing and considering the entire evidences, recorded a finding that appellant is the husband of respondent and he contacted second marriage and started neglecting the respondent and her children. Accordingly, the application for maintenance filed under Section 125 Cr.P.C. was finally disposed of directing the appellant to pay a sum of Rs. 2,000/ - (two thousand) per month to the respondent as maintenance allowance.

(3.) SECTION 7 of the Family Courts Act confers power upon the Family Court to exercise all jurisdictions exercisable by any District Court or any subordinate Civil Court under any law for the time being in force. Section 7 reads as under: