- (1.) V. P. Mathur, J. An application under Section 125 of the Cr. P. C. was moved by Smt. Raisa Begum against her husband Ghulam Sabir on 4-4-1983. It was with the allegations that they had been married about four years ago and case and ornaments worth Rs. 47,000-00 were given by way of dowry by her parents. Inspite of all this, the husband was constantly nagging her for Scooter, Fridge, and television and a pressure was being put upon her in multi farious ways to obtain the same from her parents. She was being physically and mentally tortured and cruelly treated. Ultimately, she was turned out about one and a half years ago and since then she is living with her parents. The parents are poor and she being uneducated is entitled to maintain herself and since the husband is not caring to take her back nor is sending money to her, she claims a monthly maintenance of Rs. 500 from her husband Ghulam Sabir on the ground that her husband's income is about Rs. 15,000 per month.
(2.) A written statement was filed by Ghulam Sabir on 17-6-1983. The fact of the marriage was admitted. Separate. living for the last one and a half years was also admitted but it is contended that the wife came back to her parents' house with ornaments worth Rs. 31,000 and these ornaments had been given to her by her-in-laws at the time of the marriage. Thereafter the husband had constantly been trying to get her back but she did not return and the result was that on 14-2-1983 he divorced her. She has two she-buffalos and sells the milk of the she-buffaloes and is earning about Rs. 30 per day. The husband has no independent source of income. He sits on the business premises of his father and gets about Rs. 300 per month by way of pocket expenses. On behalf of the wife, six witnesses in all were examined. They are P. W. 1 Raisa Begum herself, (P. W. 1) Babu Singh a neighbour of her father and Chairman of the village, (P. W. 3) Rajab Ali father of the lady, (P. W. 4) Ram Prakash Sharma, from the office of Sales Tax Officer, Khurja (P. W. 5) Chiranji Lal from the Sales Tax Officer, Aligarh. Last witness Madanlal Sharma came from the office of Regional Transport Authority of Aligarh. From the testimony of P. w. s. 4, 5 and 6 and the documents which they brought on the record, it was established that Gulam Sabir was a partner to the extent of 50 percent in Javed Polteries of Khurja and through this business a sale of Rs. 30, 430-00 had been shown in the year 1983- 84. Since 1-4-1984 it appears that Ghulam Sabir has ceased to the partner. Similarly, in Khair of district Aligarh there is a shop of Timber Merchants and Ghulam Sabir was partner to the extent of half share during the year 1984-85. The partnership was renewed during the year 1986-87. The sale during the year 1981-82 was of Rs. 6,000. But on 22-3-1983 the Sales Tax Authority assessed the sale at Rs. 55,000 in a year. Truck No. U. R. B. 397 has been registered in the name of Ghulam Sabir in the office of Regional Transport Officer, Aligarh. On behalf of the husband, Ghulam Sabir himself entered the witness box as D. W. 1 and also examined one more witness Newazi as D. W. 2. according to this witness Newazi, his sister is married in village Kamalpur and therefore he visits the village. He saw Raisa Begum selling milk. She had purchased two she buffalos for a sum of Rs. 4,600 in his presence.
(3.) MR. R L. Nagar, Special Judicial Magistrate, First Class Aligarh vide his order dated 8-7-1985 after assessing the evidence that was adduced before him came to the conclusion that Raisa Begum was not entitled to any amount of maintenance. He dismissed the petition under Section 125, Cr. P. C. Criminal Revision No. 303 of 1985 was then preferred by Raisa Begum and it was decided by Mr. Sripal, Vlth Additional Sessions Judge, Aligarh on 13-1-1986. He upset the finding of the learned Magistrate and granted to Raisa Begum a maintenance allowance of Rs. 500 per month w. e. f. 4-4-1983. Against this order, Criminal Revision No. 148 of 19o6 has been preferred.;