M. ABDUL MALICK Vs. RIZWANA BEGUM AND ANOTHERS

JUDGEMENT

(1.) THIS revision by the husband Abdul Malick is filed against the order of the learned Sub -Divisional Judicial Magistrate, Thirupathur, North Arcot District granting maintenance to respondents who are his wife and daughter. The revision petitioner married the first respondent on 17th September, 1972 at Ambur. The second respondent, a girl has born to them on 3rd August, 1976. According to the first respondent who filed the application for maintenance before the learned Magistrate, she, who lived happily with the revision petitioner for about a year went to her mother's house for confinement; but, after she was delivered of a child, the revision petitioner came and saw the child and then did not take her back. The further contention of the first respondent was that all her attempts to live with her husband, the revision petitioner proved futile, that despite many efforts by the members of the 'Jamarth' the revision petitioner never took back the first respondent and her child, that the respondents have no means to support themselves. She also contended that the revision petitioner is earning about Rs. 10,000/ - per year doing business in Bombay and that he also gets a rent of Rs.500/ - and that she is entitled to a maintenance of Rs. 200/ - and the second respondent is entitled to a maintenance of Rs. 100/ - per mensum.

(2.) THAT application of the first respondent was resisted by the revision petitioner who in his answer contended that the first respondent took away jewels valued Rs. 35,000/ - which belonged to his deceased first wife and that she left for her mother's house on her own accord, that the allegation that there was Panchayat is false and that as she was not willing to come and reside with him, she is not entitled to the maintenance claimed.

(3.) THE respondents are also aggrieved and have filed Crl. Rev. Case No. 470 of 1977 on the file of this Court for enhancement of maintenance amounts.