Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7358 of 2000 Petitioner :- Rahmat Khan Respondent :- Smt. Nafisa & Others Counsel for Petitioner :- D.V. Jaiswal Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
None is present on behalf of petitioner even in the revised list. Heard learned AGA and perused the record.
The writ petition has been filed for issuance of writ, order or direction in the nature of certiorari calling for the records of the case and quashing orders dated 10.12.1999 and 24.5.2000(annexure 4 and 5) passed by respondent no. 2 and 3 respectively.
The application under Section 125 Cr.P.C. of Nafisa/opposite Party No.1 was allowed vide order dated 10.12.1999 and petitioner Rahmat Khan was directed to pay Rs.400/- per month to his wife/Nafisa. Against order dated 10.12.1999, Revision No. 2 of 2000 was filed before the Sessions Judge, Banda and that was dismissed on 24.5.2000. Hence this writ petition.
From perusal of record, it transpires that marriage of Nafisa with Rahmat Khan was admitted. Petitioner Rahmat Khan was doing work of tailoring and earning Rs.50/- per day. He used to misbehave and torture her for demand of dowry. There is also allegation that Rahmat Khan had solemnized second marriage with another lady. Thus, due to danger to her life, Nafisa was not living with Rahmat Khan and claimed Rs.500/- per month as maintenance. Both the lower Courts gave concurrent finding that Rahmat Khan had sufficient means to pay Rs.400/- per month to Nafisa. Maintenance of Rs.400/- per month is not much nowadays to maintain.
This Court finds no illegality or infirmity in impugned orders dated 10.12.1999 and 24.5.2000 challenged in this writ petition. The writ petition lacks merit and is hereby dismissed.
Order Date :- 25.7.2018 P.P.