PEER MOHD Vs. HASINABEE

JUDGEMENT

(1.) The petitioner is hereby praying for invoking the powers of High Court under section 482 of the Code of Criminal Procedure (here in after referred to as CodeT).

(2.) The marriage between the petitioner and the respondents took place at Gautampura, Indore as per Muslim religious way and was performed by one Kazi Abdul Kuddus on 4.5.1982. The petitioner averred in this petition that at the time of, said marriage the age of petitioner was 8 years and age of respondent was 6 years. After the marriage, as record shows respondent Hasinabee resided with the petitioner in his house for about one year and thereafter they were separated. After exchange of notices, Hasinabee filed a petition for alimony in the Court of Judicial Magistrate, First Class, Depalpur, and by order dated 22.7.1988 the learned Magistrate allowed her application and granted alimony to her to the tune of Rs. 200/- per month payable by petitioner Peer Mohammad. He filed a revision petition against that order bearing No. 122/88 which was decided by A.S.I. Indore on 14.2.1990. The learned A.S.J. dismissed the revision petition of the petitioner and maintained the order of learned I M.F.C.

(3.) In the present petition, Shri L.N. Soni, counsel for the petitioner argued that the marriage between the petitioner and respondent is not legal marriage because at the time of said marriage neither the petitioner was major nor the respondent. He submitted that both the Courts below did not give proper consideration to this aspect of the matter, and, therefore, High Court should exercise powers under Sec. 482 of the Code and set right the abuse of process of the law Shri. Vijayvargiya, counsel for the respondent submitted that the said marriage took place in presence of Kazi and the certified copy of the register of Kazi shows that the said marriage was performed by the consent of the guardian of Respondent Hasinabee. He submitted that the said point has been considered by the Courts below and, therefore, there is not substance in the arguments advanced on behalf of the petitioner.