SAYEED AHMAD KHAN Vs. KANEEZ BEE

JUDGEMENT

(1.) By order dated 21.6.89, learned Judicial Magistrate, First Class, Indore. Misc. Cri. Case No. 104/80, granted interim maililenance to the wife-opposite party, at the rate of Rs.200/- per month from the date of the application. The learned AddI. Sessions Judge, by its order dated 29.11.90 affirmed the said order in Criminal Revision No. 218/89. Aggrieved by the aforesaid order, the husband has preferred this revision application.

(2.) It appears that the wife has filed an application for grant of maintenance in the Court of learned Judicial Magistrate, First Class, Indore on 20.9.88 stating therein that her marriage was performed with her husband i.e. the petitioner, in the year 1985, according to Muslim rites. According to her, she looked after her husband as also her mother-in-law, but months after the marriage, her husband started quarreling with her, demanding dowry. She was also assaulted by her husband and not given food. According to her, a demand of Rs.20,000/- was made for purchase of a truck and on refusal by the wife, she was driven away from her matrimonial home.

(3.) In the said case, an application for interim maintenance was also filed and as stated earlier, the same was granted by the learned Magistrate and was affirmed by the Revisional Court. The husband in show cause has stated that he had already divorced his wife orally as also by communicating a letter of divorce and as such, according to Muslim Law the wife shall not be entitled to any maintenance. It was further stated that TALAQ was necessitated because of conduct of his wife herself and a letter of Talaq was sent on 25.8.88.