Decided on July 15,2013

Mustaq Ahmad Respondents


- (1.) Smt. Zaibunnisa Moved an application under Section 125 Cr.P.C. for grant of maintenance allowance from her husband Mushtaq Ahmad, pleading, among other things, that she was a legally wedded wife of Mushtaq Ahmad and two daughters were begotten by her out of her wedlock with him. She was unable to maintain herself and her husband was not maintaining her and her daughters. It was also alleged that her husband harassed her for bringing dowry. Mushtaq Ahmad filed the written statement, admitting that he was the husband of Zaibunnisa. Mushtaq Ahmad pleaded that he has divorced Zaibunnisa. When he went to U.A.E., one Saleem came into the life of Zaibunnisa, who was having extra marital-relations with Saleem. He said that his monthly income was Rs. 2000/-. He was a tailor and was ready to pay maintenance allowance to his son Aftab. He pleaded that Zaibunnisa was not entitled to maintenance allowance.
(2.) After considering the evidence on record, learned Judge, Family Court, Nainital, vide judgment and order dated 18.01.2000, allowed the application of Zaibunnisa under Section 125 Cr.P.C. Mustaq Ahmad was directed to pay Rs. 500/- per month to Zaibunnisa as maintenance allowance. Mustaq Ahmad was also directed to pay Rs. 500/- to Aftab, till he attains the age of majority.
(3.) Aggrieved against the said order, Mustaq Ahmad preferred Criminal Revision, which was decided by this Court, vide judgment and order dated 05.12.2006. The matter was remitted to the court below with certain observations.;

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