ZUBEDABI Vs. ABDUL KHADER

JUDGEMENT

(1.) This petition is directed against the order dated 22-11-1976 passed by the learned Sessions Judge, Belgaum, in Criminal Revn. Appln. No. 76 of 1975 on his file.

(2.) The relevant facts necessary to decide the present petition are these: Smt. Zubedabi instituted an application under Section 125 of the Cr. P.C. before the Court of the Judicial Magistrate, First Class, J Court, Belgaum on 12-7-1974, She alleged that the respondent was her husband and that she was legally married to him on 25-1-1959 in Khanjar Galli, Belgaum. The parties are Muslims. After the marriage, petitioner resided with her, husband in his house in Arlikatti Deshpande Galli, Belgaum. Marriage was consummated. A boy was conceived and he was subsequently born. He was aged more than 14 years at the time of petition. After the marriage of the petitioner with the respondent, the respondent developed illegitimate intimacy with one Shafiya Savanur and he subsequently married her. He was spending most of his time with her to the total neglect of the petitioner. Thereafter, the parents of the respondent told the petitioner to go and stay with her parents. The respondent executed an agreement as per Exhibit P-1 on 10th July 1965 in favour of the petitioner, agreeing to pay her Rs. 40/- per month towards her maintenance. He failed to pay the same since 1973. The petitioner made representation to the Deputy Director of Public Instruction. Being enraged the respondent gave a public notice divorcing the petitioner in 'Belgaum Samachar' on 30th of March 1974. Thus, the petitioner is a divorced wife of the respondent. Petitioner averred in the petition that she had not remarried after divorce. Hence, she claimed maintenance from her husband under Section 125 of the Cr. P.C. at the rate of Rs. 80/- per month. Her husband was a High School teacher and he had sufficient means to maintain the petitioner, but had neglected.

(3.) The respondent in the petition on entering appearance resisted the claim of the petitioner. He averred that he had given 'Tallak' three times to the petitioner in her presence on 18-7-1959 itself. An agreement as per Ex. P-1 was obtained from him through coercion. Since the petitioner was challenging the divorce given, he sent the 'Tallaknama1 by registered letter to the petitioner and the same was refused. Subsequently, he got it published in "Belgaum Samachar' on 30-3-1974. He further asserted that along with the 'Tallaknama' he sent a cheque for Rs. 525/- to the petitioner and the maintenance amount for the Iddat period of three months totalling Rs. 120/-. The same was refused. On this ground he contended that he was not liable to pay the maintenance to the petitioner,