Mohd. Yamin, J. - (1.) Aggrieved by the order of learned Judge, Family Court, Jodhpur dated 21.3.1996 petitioners have filed this revision petition under Sec. 19 of the Family Courts Act, 1984. None appeared on behalf of non-petitioner Nasire Khan who was served personally. I have heard learned counsel for the petitioners.
(2.) Briefly stated Mst. Sakina is a married wife of Nasire Khan. Sayar Mohammed and Ramzan khatoon are two minor children of the couple. Mst. Sakina and Nasire khan were married 15-16 years ago. The above named two children were bom out of this wedlock. It was alleged that immediately after the marriage, for about 5 years. Nasire Khan behaved properly with his wife but later on he used to beat her. He did not look after his children properly. He was also married to one Mst. Chanda who remained issue less and, therefore, Nasire Khan had married Mst. Sakina in order to get children. It was alleged that Mst. Sakina was dragged out of house about 3 months ago and therefore, she alongwith two minor children came to her parents house. She did not have any independent income and was dependent on her father, who was an old man and was serving in Railways. The husband was earning Rs. 5000/- per month, therefore she claimed maintenance under Sec. 125 CrPC by the wife. The husband compromised on 6.8.1993 and took Mst. Sakina to his house but on 7.9.1993 she was again shunted out of the house with two minor children and she was living in her fathers house.
(3.) In reply, it was submitted that Sayar Mohammed was a 19 years married boy and was earning Rs. 3000/- per month while Nasire Khan was a 60 years old man and was not having any income. It was averred that Mst. Sakina was under the influence of her father and she has deserted the husband so that she may look after her father. Her father had left his wife who was living separately in a village. It was averred that at the earlier petition both the parties had compromised and Mst. Sakina was being kept properly but her father came to his house and took Mst. Sakina away under the pretext that Sakina s mother had fallen ill. Nasire Khan waited for 15-20 days and then went to fetch his wife. She was not sent back with him. Mst. Sakina did not return and she was living with her father on her own accord. It was further averred that the first wife of Nasire Khan was already living with the non petitioner and this fact was known to Mst. Sakina and that second marriage was performed because the first wife was not able to beget any child. Hence it was averred that Nasire Khan could not have ousted his wife. It was further averred that the petitioner is not entitled for any relief. Learned court below recorded evidence of both the parties and dismissed the petition in relation to wife as well as children.;