SATISH KUMAR MITTAL,J - (1.) THIS order shall dispose of Crl. Misc. No. 20971-M of 2004 and Crl. Misc. No. 26747-M of 2004 filed by Khursheed Ahmad (husband) and Smt. Zakira (wife) respectively, against the common order dated 22.3.2004 passed by the Additional Sessions Judge, Faridabad.
(2.) THE brief facts of the case are that Smt. Zakira filed a petition under Section 125 Cr.P.C. against her husband for providing interim maintenance to her as well as her two minor children. It was alleged that the marriage between the petitioner Zakira and Khursheed Ahmad was solemnized in the year 1993 according to Muslim Rites and Customs. After the marriage, the husband neglected and refused to maintain the petitioner and her two minor children. It was alleged that the petitioner is an illiterate lady and she was turned out of her matrimonial home after giving beating. She is unable to maintain herself and her minor children. It was further alleged that the husband is an agriculturist and having an income of Rs. 2,00,000/- per annum. He is also teaching in an Islamic School and earning Rs. 4,000/- per month. The husband contested the petition on the ground that the petitioner-wife herself had left the matrimonial home without there being any sufficient cause. It was further pleaded that he had filed a suit for restitution of conjugal rights which was decreed.
(3.) THE Judicial Magistrate, 1st Class, Faridabad after hearing the counsel for the parties and considering the evidence led by the parties, allowed the application of the petitioner-wife and awarded Rs. 500/- as interim maintenance to the wife and Rs. 200/- each to the children.;