M.M.DUTT, V.KHALID
Pathumma – Appellant
Versus
Muhammad – Respondent
Judgment
DUTT, J. :- These two appeals by special leave have been preferred by the appellants against the judgment of the High Court of Kerala dismissing the Criminal Revision Petition of the appellants and allowing that of the respondent, both arising out of a proceeding under S. 125 of the Criminal P. C. instituted by the appellants.
2. The appellants filed an application before the Judicial Magistrate, First Class, Pattambi, under S. 125 of the Criminal P. C. The said application was numbered as M. C. No. 5 of the 1978. In the application, it was alleged that the respondent married the appellant No. 1, Pathumma, 6 years ago as per Muslim rites and the respondent resided with her as husband and wife. When she was carrying two months, she was taken to her fathers house by the respondent. Thereafter, the respondent left her there and did not enquire about her. Subsequently, the respondent divorced her without, however, making any payment to her of any Mahar or other compensation. It was further alleged that the appellant No. 2, Sulekha, a minor daughter, was born out of the wedlock. The appellants had no means of livelihood and accordingly, they claimed maintenance respectively at th
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