MOHD. IRFAN Vs. NISHARIA BEGUM

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 15.2.2005 passed by the learned Additional Sessions Judge allowing Criminal Revision Petition No. 75/2004 filed by the respondent and as a consequence setting aside the order dated 1.8.2004 passed by the learned Metropolitan Magistrate, New Delhi.

(2.) TO appreciate the rival contentions of the parties, brief pen profile of the relevant facts needs to be noted which are to the effect that the respondent filed a petition under Section 125 Cr.P.C. claiming maintenance against the petitioner inter alias alleging that the two contracted a marriage on 19.3.1996 (should actually read 19.3.1995). She stated that she was abandoned by the petitioner and had no means to sustain herself.

(3.) THE petitioner opposed the said petition inter alias pointing out that the parties had divorced as per a talaknama duly signed by both parties. He stated that professing Islamic faith till husband did not give the requisite consent as required by Muslim Women's Protection of Rights on Divorce Act 1986, respondent could not lay a claim to any maintenance under Section 125 Cr.P.C.