Point of Law: When the woman leaves the matrimonial home, the situation is quite different. She is deprived of many a comfort. Sometimes the faith in life reduces. Sometimes, she feels she has lost the tenderest friend. There may be a feeling that her fearless courage has brought her the misfortune. At this stage, the only comfort that the law can impose is that the husband is bound to give monetary comfort. That is the only soothing legal balm, for she cannot be allowed to resign to destiny

ORDER :

Pradeep Kumar Srivastava, J.

1. This criminal revision has been preferred against the impugned judgment and order dated 14.07.2014 passed by Principle Judge, Family Court, Kaushambi in Case No. 150 of 2014 (Smt. Ishrat Bano Vs. Jubair Ahmad) under section 125 Cr.P.C. by which opposite party No. 2 Ishrat Bano (divorced wife) has been awarded Rs. 3000/- per month from the date of judgment as maintenance.

2. Before the learned court below, the wife gave an application under section 125 Cr.P.C. stating that she was married with revisionist according to Muslim Personnel Law on 22.10.1998. After marriage she went to her husband's house and performed her matrimonial obligation. A daughter Km. Saniya was born from their wedlock. In the year 1999 her husband and his family members demanded Motorcycle, Refrigerator and Rs. 25000/- in dowry and on account of non-fulfillment of dowry, she along with her daughter was expelled from matrimonial house after being beaten and since then, she and her daughter are living with her parents. The husband divorced her on 27.09.2001 and till the presentation of this application she has not remarried. Earlier one application was given by her, bearing case No. 34 of 2002, under section 125 Cr.P.C. which was decided and Rs. 800/- per month applicant (wife) and Rs. 500/- per month to her daughter was awarded from date of application till the date of divorce. After divorce she did not remarry. The Supreme Court has now laid down a law that a divorced Muslim lady is entitled for maintenance under section 125 Cr.P.C. When she came to know this law she immediately filed this petition. She is a domestic women and totally dependent on her father. In April 2010 her father died and since then she is in a serious financial trouble and is not able to maintain herself. The husband is a teacher in a Government school and is earning Rs. 25,000/- in a month and therefore, she claim Rs. 10,000/- as maintenance.

3. The opposite party filed a written statement and admitted the marriage and birth of daughter. He has also stated that on 27.09.2001 after he divorced her wife, by the order of the court he gave maintenance of 13 months and expenses till the period of iddat. The amount of dower Rs. 11,786/- was paid by him on the very first night of their marriage. Thereafter, nothing remained payable by him to her nor she is entitled to any further maintenance. She is an independent mind women and she always insisted him to live with her parents which he could not do because of his responsibility towards his family and brothers. The wife is arrogant enough and told him to either live with her parents or give her divorce. She is not there to cook food for his family members and she was married with him because of his job. She regularly mentally harassed him and forced by this situation, he divorced her. He also filed a suit for restitution of conjugal rights numbered as 305/2005 (Jubair Ahmad Vs. Ishrat Bano) in Allahabad and due to which she got angry and lodged false Criminal Case in Case Crime No. 134 of 2000, under section 498A, 323 IPC and section 3/4 Dowry Prohibition Act. But the same was found to be false during investigation and final report was submitted. He thereafter, solemnized second marriage in 2003 and with the second wife, he has two children. He is bearing the expenses of his daughter from the opposite party. She is also educated enough to earn and she gives tuition and earn Rs. 5000/- to Rs. 7000/- and she also works as beautician and earns Rs. 3 to 4 thousand in a month and as such she is earning Rs. 10 to 11 thousand in a month. Just to further harass him this application has been filed which is not maintainable and is liable to be dismissed.

4. From the side of wife, the judgment dated 09.07.2002 in Case No. 34/2002 (Ishrat Bano vs. Jubair Ahmad), under section 125 Cr.P.C. passed by Civil Judge (JD), Kaushambi has been filed. She has also examined herself as PW-1. The husband has filed question answer da