SHAHZAD Vs. ANISA BEE

JUDGEMENT

(1.) THE applicant has preferred this revision challenging the order passed by Second Additional Sessions Judge, Garoth, Distt. Mandsaur in Criminal Revision No. 112/2005 on dated 2. 7. 2005 whereby the criminal revision preferred by respondent No. 1 Anisa Bee regarding granting maintenance was accepted and an order of payment of maintenance @ Rs. 600 per month under Section 125 of the Code of Criminal Procedure has been passed.

(2.) THE respondent No. 1 Anisa Bee is the wife of applicant and respondent Nos. 2 and 3 are the children out of the wedlock of the applicant and respondent No. 1. Respondent Nos. 4 and 5 are the parents of applicant. The marriage between applicant and respondent No. 1 was solemnized around 8 years back as per Muslim rituals. Respondent No. 1 filed an application under Section 125 of the Code of Criminal Procedure before the JMFC, Garoth which was registered as M. Cr. C. No. 11/1998. After taking evidence of both the parties that case was finally decided by the learned Magistrate on 8. 2. 2005. it was held by the learned Magistrate that respondent No. I was divorced by the applicant by letter Ex. D-1 and. therefore, the respondent No. I is not entitled for any maintenance under Section 125 of the Code of Criminal Procedure, however, maintenance @ Rs. 1000 per month was granted for respondent Nos. 2 and 3.

(3.) BOTH the parties felt aggrieved by this order passed by learned Magistrate preferred revision petitions before learned Additional Sessions Judge, Garoth which were registered as Criminal Revision Nos. 76/2005 and 112/2005 respectively. The applicant challenged the order of granting maintenance to the two boys in his revision whereas respondent No. 1 challenged the order of refusal of granting maintenance to her by the learned Magistrate and for enhancement for the amount of maintenance granted in favour of 2 sons. The revision petition preferred by the applicant as well as the prayer for enhancement of amount granted by way of maintenance in favour respondent Nos. 2 and 3 were not allowed by the learned Additional Sessions Judge but the learned Additional Sessions Judge found that respondent No. 1 was not legally divorced by the applicant and, therefore, she is entitled for maintenance under Section 125 of the Code of Criminal Procedure. Therefore, the order of maintenance @ Rs. 600 per month was passed by the learned Additional Sessions Judge. This order impugned is challenged in this revision by husband applicant.