EJAZ SHARIFF Vs. RUKSANA PARVEEN

JUDGEMENT

(1.) The petitioner-husband is aggrieved by the order passed by the Prl. Sessions Judge, Udupi, in Crl.R.P.No.55/2014, while upholding the orders passed in M.C.No.52/2006 by the Prl. Civil Judge and JMFC, Karkala, directing the petitioner herein to pay maintenance of Rs.3,000.00 per month to the respondent-wife.

(2.) Some of the admitted facts are that the marriage between the petitioner and the respondent herein was solemnized on 18/8/2004 as per the rights and customs of Mohammadan Law. The respondent herein filed a petition under Sec. 125 of Cr.P.C. seeking maintenance of Rs.5,000.00 p.m. from the petitioner. Objections were filed by the petitioner, more specifically contending that during the course of the proceedings, the petitioner has divorced the respondent and therefore he is not required to pay maintenance.

(3.) Learned Counsel for the petitioner submits that the respondent was examined as PW-1. In her evidence, the respondent has admitted that she received a letter of Talaq dtd. 13/1/2009 from the petitioner herein and prior to that there was an attempt of settlement of dispute before the Karkala Jamath. This admission on the part of the respondent is said to be found in her petition filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 and the respondent has stated in the application that there was an attempt for settlement of dispute before the Jamath. It is contended that the respondent has admitted that after the failure of conciliation at the hands of the Jamath, the petitioner herein issued the letter of Talaq declaring thrice that he has divorced the respondent.