ARORA, J. - (1.) THIS revision petition is directed against the judgment dated 27. 3. 92, passed by the Judge, Family Court, Jodhpur, by which the learned Judge of the Family Court allowed the application under Section 125 Cr. P. C. filed by the petitioner-applicants and awarded the maintenance @ Rs. 200/-per month to Smt. Jamil Bano for the Iddat period, i. e. , from 9. 1. 92 to 8. 4. 92, and to the daughter Kumari Arbina @ 125/- per month from the date of the application i. e. 7. 6. 90.
(2.) SMT. Jamil Bano, on 7. 6. 90, filed an application under Section 125 Cr. P. C. in the Court of the learned Judge of the Family Court, Jodhpur, against her husband Hasan for the grant of maintenance to herself as well as to her daughter Kumari Arbina, with the allegations that she was married to Hasan on 23. 8. 87 at Jodhpur as per the Muslim customs and rites and she stayed for some time with her husband but she was cruelly treated by him and on 23. 6. 88, she was forcibly turned-out from the house. Out of this wed-lock, Kumari Arbina was born. It was, also, stated in the application that she has no source of income and is unable to maintain herself as well as her daughter while her husband Hasan has sufficient income and he is capable to maintain them and as such he may be directed to make payment of maintenance allowance to them. This application was opposed by the husband and the allegations made in the application were denied. During the trial of this case, non-petitioner Hasan divorced his wife Jamil Bano. The applicant, in support of her case, examined herself as AW 1 and produced in evidence AW 2 Ujiya and AW 3 Champa Lal. The husband, in support of his case, examined himself as NAW 1 and produced in evidence NAW 2 Abdul Aziz. The learned Judge of the Family Court, after trial, came to the conclusion that the marriage between the parties was solemnized on 23. 8. 87 and Kumari Arbina was born out of this wed-lock and, therefore, the wife was turned-out from the house by the husband. The learned Judge of the Family Court, also, held that the husband has divorced the applicant on 9. 1. 92 and, therefore, she was allowed the maintenance only for the Iddat period and the daughter was granted maintenance from the date of filing the application. It is contended by the learned counsel for the petitioners that there was sufficient material available on record to prove that the petitioner No. l Smt. Jamil Bano was forcibly turned-out from the house by her husband and she is unable to maintain herself as well as her daughter and, therefore, the learned Judge of the Family Court was not justified in deciding this issue against the petitioner-wife. The learned counsel for the respondent, on the other hand, has supported the order passed by the Court below. I have considered the submissions made by the learned counsel for the parties. Aw 1 Jamil Bano has stated that after her marriage she lived with her husband and she was sent to her parents' house for delivery as she was pregnant. Two months after the birth of the daughter when she came to her husband's house, she was cruelly treated by him as she could not bring any money from her parents house after the delivery in the name of "seekh" and was turned-out from the house by her husband. For two years, she remained with her parents and came to her in-laws' house on the death of her Father-in-law. After two days thereafter, she was again turned- out from the house on the accusation that she had stolen a sum of Rs. 500/ -. She was given beatings and was turned-out from the house and since then she is living with her parents. Aw 2 Ujiya - the father of the applicant wife has stated that Jamila came to his house at the time of her delivery; a daughter was born to her and after the birth of the child when she was sent to her in laws' house, he could sent only some sweets and could not give any 'seekh' and, therefore, she was not allowed to remain in the in-laws' house by her husband and he turned her out from the house. At the time of death of her father-in-law, she went to her in-laws house but was again turned-out by the husband after giving beatings to her on the accusation that she had stolen Rs. 500/ -. He tried to pacify the matter but failed. She was turned- out after giving beatings and since then she is living with him. No cross-examination was conducted with this witness and, therefore, the statement of this witness remains unrebutted. Aw 3 Champa Lal was the neighbour of husband Mohammed Hasan alias Hasan. He has stated that husband Hasan started cruelly treating Jamil Bano and once a quarrel took place and Hasan turned-out Jamil Bano from his house. From the evidence of the father of the petitioner, viz. , Aw 2 Ujiya, with whom no cross-examination was made on the point of subjection of cruelty with Jamil Bano and from the evidence of Aw 1 Jamil Bano, it is clearly established that she was subjected to cruelty by her husband and was forcibly turned-out from his house and, therefore, she has been living separately from the husband. The learned Judge of the Family Court was, therefore, not justified in deciding the issue against the petitioner-wife. Smt. Jamil Bano is not working anywhere, and is unable to maintain herself as well as her daughter and they are being maintained by her father. She is the wife of Hasan who has a moral obligation to maintain her as well as her daughter. Jamil Bano has no source of income while the husband has sufficient income. The learned Judge of the Family Court was, therefore, not justified in awarding the maintenance to Smt. Jamil Bano only for the Iddat period. She is entitled for the maintenance from the date of filing the application, i. e. 7. 6. 90, at the rate of Rs. 200/- per month upto 8. 4. 92. It has, also, been contended by the learned counsel for the petitioners that the maintenance granted to the petitioners is on the lower side. It has been pointed-out by the learned counsel for the petitioners that after the grant of the" maintenance the wife moved an application under Section 127 Cr. P. C. for enhancement of the amount of the maintenance and that application is still pending before the learned Judge of the Family Court. Since the petitioner has already approached the competent Court for enhancement of the amount of maintenance awarded to the daughter Kumari Aribina, therefore, I do not want to express any opinion on this point. That application will be decided by the learned Judge of the Family Court in accordance with law. But so far as maintenance awarded to Smt. Jamil Bano is concerned, the amount of maintenance has rightly been granted to her by the learned trial Court.
(3.) IN the result, the revision petition, filed by the petitioners, is partly allowed. The husband-respondent Hasan is directed to make payment of the amount of the maintenance to Smt. Jamil Bano @ Rs. 200/- per month with effect from the date of the application, i. e. 7. 6. 1990 to 8. 4. 92. The question of enhancement of the amount of maintenance granted to the daughter Kumari Arbina is concerned, as the matter is pending on an application under Section 127 Cr. P. C. before the learned Judge of the Family Court, Jodhpur, as such the learned Judge of the Family Court while considering decide the same in accordance with law. .;