MOHAMMAD KHAN HANEEF KHAN Vs. MEHRUNNISA

JUDGEMENT

(1.) This criminal revision is directed against the order of the Chief Judicial Magistrate, Dharwar, in a petition under S.125 of the CrlPC, 1973 (hereinafter referred to as the Code), filed by the respondent-1 (Mehrunnisa) granting her maintenance of Rs.60 per month.

(2.) Before the learned Magistrate, 'Mehrunnisa and her son Ismail Khan filed the petition alleging that Mehrunnisa was married with Mohammad Khan Haneef Khan some time in 1954, but soon thereafter the husband started beating the wife and committed other acts oi cruelty with the result that Mehrunnisa is staying with her parents. According to the respondents-petitioners, since the petitioner respondent refused or neglected to maintain them, they were entitled to claim maintenance to the extent of Rs-300 per mensum as the annual income of the husband was Rs.12,700. The petitioner-respondent took the plea that Mehrunnisa became unchaste soon after marriage. Therefore, the husband divorced her. As such according to her personal law, she was not entitled to claim maintenance. It was also stated, inter alia, that the husband was not a person of sufficient means. As such, so much maintenance as claimed by Mehrunnisa could not be awarded to her.

(3.) The respondent-first petitioner gave her own statement while the husband examined himself and produced one witness. The learned Magistrate considered this evidence and held that the divorce claimed by the husband was not proved. In the alternative, the learned Magistrate considered that even if Mehrunnisa was a divorced wife, she was entitled to claim maintenance under S.125 of the Code. Thereafter, the learned Magistrate considered the question as to the means of the husband and awarded Rs.60 per mensum as maintenance to Meherunnisa. As regards her son, however, the finding was that he is major and as such could not claim any maintenance. The petitioner-respondent has a grievance against that order and as such he has filed the present revision.