JALANI Vs. GULASHUNABI

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner.

(2.) THE petitioner/husband has opposed the application filed by the respondent under Section 125 of the Cr. P. C. , claiming maintenance from the petitioner and orders passed thereon.

(3.) THOUGH the marriage between the petitioner and the respondent was not disputed, the only ground of opposing the maintenance application by the petitioner was that it was an attitude of the wife in not co-operating with the petitioner to lead marital life and as such after about two years of the marriage, the petitioner along with four elders of his community went to the parental house of the respondent at Muddebihal and in spite of request made by all, as the respondent refused to come and live with the petitioner, he pronounced 'talaq' three times and thereafter after coming back to Sindhagi, his place of residence, also issued 'talaq' notice through his Counsel. As such it is contended that in view of the provisions of the Muslim Women (Protection of Rights on divorce; Act, 1986 (hereinafter referred to as "act 1986") the petitioner is not entitled to pay any maintenance to the respondent.