KAMLESHWAR NATH, J.

Criminal Misc. Case No. 379 of 1987 is a petition under Section 482 of the Code of Criminal Procedure which has been directed to be connected with Criminal Appeal No. 289 of 1987, hence the 2 cases are being decided by this common judgment.

2. The petitioner-appellant was married to Smt. Nighat Parveen on 19-11-1978. They be got a son on 16- 12-1979. According to Smt. Nighat Parveen, his name is Nazir Ahmad, the opposite party-respondent; according to the petitioner-appellant, the name of his son is Azizullah and not Nazir Ahmad.

3. From 18-12-1980 Nighat Parveen along with her son started living at her parents house. She complained that the petitioner-appellant had beaten and had turned her out of the house and therefore she went to her parents house and was not being maintained by the petitioner-appellant. She there fore applied to the concerned Magistrate on 5-1-1981 for maintenance for her self and for the opposite-party-respondent under Section 125, Cr. P. C. 4. The motion was opposed by the petitioner-appellant who said, inter alia, that Smt. Nighat Parveen had left his house along with the child of her own accord and without his meeting any cruelty to her

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