Advocates:
['JAVED MOHAMMED', '', 'S ALI', 'CHOUHAN', 'JAVED MOYAL', 'AR MALKANI', 'AK SINDHI', 'KR BHATI', '', 'RAKESH ARORA']

S.B. CRIMINAL MISC. PETITION NO.1008/2005

Mohammed Yaseen Vs. Smt. Jareena Banu

DATE OF ORDER

:

9.7.2008

HON'BLE MR. PRAKASH TATIA, J.

Mr. Javed Moyal, for the petitioner.

Mr. VR Mehta, Public Prosecutor.

Mr. Rakesh Arora, for the complainant.

Reportable

Heard learned counsel for the parties.

The petitioner has challenged the proceedings initiated under

Section 125 Cr. P.C. by the non-petitioner wife. The petitioner and non-

petitioner are Muslim and, therefore, are governed by Muslim Law. They

are governed by the provisions under Section 125 Cr. P.C. to limited extent

also.

The non-petitioner submitted the first application under

Section 125 Cr. P.C. in the court of Additional Chief Judicial Magistrate,

Nathdwara on 14.1.2002 and prayed for maintenance @ Rs.1000/- per

month. The said petition under Section 125 Cr. P.C. being Criminal

Original Case No.32/2002 was decided by the learned trial court vide order

dated 31.10.2002 whereby maintenance @ Rs.1000/- per month from the

date of application was awarded for non-petitioner's son till he attains

majority. However, the non-petitioner-wife's maintenance application was

allowed to the extent that