S TAJ ALI Vs. SHABANA ALI

JUDGEMENT

(1.) THIS revision is directed against the order dated 22. 8. 2007 passed by IInd Additional Principal Judge, family Court, Raipur in Case No. 249/06, whereby the application filed by non-applicants under Section 125 of the Code of criminal Procedure (hereinafter referred to as, 'the Code') was allowed.

(2.) THE question for decision of the present revision petition is that whether divorce has affected between applicant and non-applicant no 1 and in consequent to the divorce, non-applicant No. 1 is not entitled for maintenance in accordance with the provisions of Muslim Women (Protection of Rights on divorce) Act, 1986 (hereinafter referred to as, 'the Act, 1986' ).

(3.) NON-APPLICANT No. 1 was married with applicant. Non-applicant No. 2 is a daughter of applicant and non-applicant No. 1. The application under Section 125 of the Code for maintenance was filed on behalf of non-applicants. In reply filed on behalf of the applicant before the learned IInd Additional principal Judge, Family Court, Raipur. It was objected that marriage of the parties had come to an end by the divorce and non-applicant No. 1 is not entitled for any maintenance. After giving an opportunity of hearing, the trial court after holding that no tulak in divorce is affected, has awarded maintenance of Rs. 1,500 to non-applicant no. l and Rs. 1,000 to non-applicant No. 2.