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Cril.Rev.Petn. No. 21 of 2018

Item – 12

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Criminal Revision Petition No. 21 of 2018

Md. Aslam Khan, aged about 44 years, S/O Md. Manergun

alias Chaoba of Sora Maning Leikai, P.O. & P.S. Kakching,

Kakching District, Manipur, Pin No. 795103.

... Petitioner/s

- Versus -

1. Mst. Rajina, aged about 40 years, W/O Md. Aslam Khan of

Yairipok Changamdabi, P.O. & P.S. Yairipok, Thoubal District,

Manipur, Pin No. 795138.

2. Master Atique, aged about 8 years, S/O Md. Aslam Khan of

Yairipok Changamdabi, P.O. & P.S. Yairipok, Thoubal District,

Manipur, Pin No. 795138.

Respondent No.2 being minor is represented by his mother,

Respondent No.1.

... Respondent/s

B

E F

O R

E

HON’BLE MR. JUSTICE MV MURALIDARAN

For the petitioner

::

Mr. U. Naoba, Advocate

For the respondents

::

None appeared

Date of hearing

::

31.05.2019

Judgment & Order

::

03.07.2019

JUDGMENT & ORDER

(CAV)

This Criminal Revision Petition has been filed by the

petitioner against the order dated 30.07.2016 passed in Criminal

(Maintenance) Case No. 17 of 2015 on the file of the Family Court,

Thoubal, Manipur.

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Cril.Rev.Petn. No. 21 of 2018

[2]

The petitioner is the respondent and the first respondent

is the first petitioner in Criminal (Maintenance) Case No. 17 of

2015. The second respondent is the son of the first respondent

and the petitioner herein.

[3]

The respondents herein filed Criminal (Maintenance)

Case No. 17 of 2015 under Section 125 Cr.P.C. seeking

maintenance from the petitioner herein alleging that the first

respondent was married to the petitioner in May, 2016 under

Manipur Muslim Customs and lived together as husband and wife

at the residence of the petitioner at Sora Maning Leikai P.O. &

P.S. Kakching, District Thoubal, Manipur till she was compelled to

leave her matrimonial home for her parental home at Yairipok

Changamdabi P.O. & P.S. Yairipok District Thoubal, Manipur. It is

stated that from the wedlock respondent No.2 was born and is

staying with the first respondent. It is stated that after the birth of

the second respondent, the petitioner took one Marjina from

Thoubal Moijing as his second wife and is now living with her.

After taking his second wife, the petitioner began to neglect the

respondents and started ill-treating them by neglecting to provide

food and other necessities. Since the health of the respondents

became bad to worse, they were compelled to leave the

matrimonial home. It is also stated that the first respondent has no

source of income of her own and she has no one to support them.

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Cril.Rev.Petn. No. 21 of 2018

According to the respondents, the petitioner was working as

Jawan in the Indian Army and earning Rs.40,000/- per month

besides getting agricultural income of Rs.1,00,000/- from the lands

owned by him. Stating so, the respondents have filed Maintenance

Case claiming maintenance of Rs.20,000/- per month from the

petitioner herein.

[4]

By the impugned ex parte order, the Family Court

directed the petitioner herein to pay a sum of Rs.10,000/- to the

respondents as monthly maintenance from the date of application

till the second respondent attains majority and thereafter, half the

amount till further orders of the Court. The Family Court also

directed that arrears if any be paid in instalments, if requested by

the petitioner and as agreed by the respondents.

[5]

Assailing the ex parte order of the Family Court, the

petitioner has filed the present revision contending that the

impugned order has been passed in violation of principles of

natural justice in as much as the petitioner was never served with

summon/notice. It was contended that the Family Court has

violated the provisions of Order 5, Rule 17, 19 and 20 of the Code

of Civil Procedure, 1908. According to the petitioner, he came to

know about the existence of the impugned ex