Decided on December 27,1972

AMEENA BEE Appellant
JAMALUDDIN Respondents


- (1.) This reference u/s. 438 Cr.P.C. has been made by the Sessions Judge, Karimnagar recommending the setting aside of the order of dismissal of a petition filed u/s 488 Cr.P.C. by one Ameena Bee on behalf of herself and her daughters eight months old, against her husband.
(2.) In the petition she contended that she was married to the respondent at Sirikonda six years back, that the respondent who was addicted to drink and to playing cards has been continuously illtreating and torturing her both physically and mentally, that he had left her at her parents' house without providing any maintenance and on 25-9-69 he executed an agreement before panchas admitting that he had deserted the petitioner, that he would take her back, that inspite of it he continued to illtreat her, that one year back when her father died, be left her in her parents' house and did not take care of her or her child, that he subsequently married one Jameela Begum and has thus completely neglected to maintain her.
(3.) The respondent in his counter contended that he is neither a gambler nor a drunkard, that he never illtreated his wife, that it was the first petitioner that executed the agreement stating that she would live peacefully with the respondent, that subsequently she went away to her parents' house and did not return though he went to fetch her and after waiting for a long time, he was forced to marry another wife Both the parties had adduced evidence with regard to their respective contentions.;

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