YASIN QUARAISHI Vs. NOORJAHAN KHATOON

JUDGEMENT

(1.) THE revision is directed against the judgment/order dated 10.10.2002 passed in Maintenance Case No. 7 of 1999 by Sri Chandra Bhushan Singh, ACJM, Lohardaga, whereby the learned Magistrate directed the petitioner to pay Rs. 300/- per month to the opposite party No. 1 wife and to pay Rs. 200/- per month to her children till their majority of age from the date of judgment/order.

(2.) IT appears that the opposite party No. 1, wife, Noorjahan Khatoon filed an application under Section 125, Cr.P.C. before the Court below stating therein that she was married with petitioner, Yasin Qureshi in the year 1987 as per Muslim custom and rites and gave birth to two daughters and one son. She lived with petitioner as husband and wife, but since 1993 (Moharram) the petitioner- husband neglected to maintain his wife and children since the opposite party-wife is helpless lady and unable to maintain herself and her children hence she claimed maintenance for herself and on behalf of her children. She also stated that the petitioner-husband is presently living with one Tetri Khatoon and more demand of dowry for keeping her and her children.

(3.) BOTH the parties led evidence considering the evidences and claimed of the parties, the learned Trial Court came to a finding that the petitioner husband has contacted second marriage, in that view of the matter, the wife is entitled to claim maintenance and separate residence and also claimed maintenance for her children, accordingly allowed the application.