O.P.BISHNOI, J. - (1.) THIS revision petition has been filed by the husband Abdul Karim against an order dated 7.9.2001 by which, the application of the wife Smt.Kulsum was accepted and an order to the effect that Rs. 400/ - per month will be paid by the husband to the wife under Section 125 of the CrPC was passed.
(2.) THE petition for maintenance was moved in the Family Court, Udaipur wherein it was stated that after divorcing his wife, the petitioner married Smt. Kulsum. However, he not only started to treat her with cruelty but ultimately threw her out of the house as a result of which she has been living with her sister, who is not able to maintain her. According to the application, the husband remained in Kuwait for a long period. Presently he is working and earning as a property dealer. He owns a jeep which is run as Taxi. The husband Abdul Karim in his reply admitted the factum of his marriage with smt. Kulsum but denied that she was illiterate or was thrown out of the house. According to the reply, the husband remained in Kuwait for some 16 years between 1983 to 1999 and when he returned from Kuwait and settled in Udaipur, his life was made hell by his wife who started to quarrel with him on the slightest pretext. Further, it was contended that on 1.12.1999 the husband duly divorced his wife by a written document. Subsequently, on 9.4.2000, in a social gathering attended by prominent persons, she was divorced orally and in lieu of 'Mehar' a draft for Rs. 5000/ - was paid to the wife then and there. It was denied that the husband was a rich person or had any income. It was further contended that the wife was able to maintain herself on her own income. However, it was not disclosed as to what was the monthly income of the wife.
(3.) SMT . Kulsum examined herself and two more witnesses. Similarly, Abdul Karim examined himself and three more witnesses.;