MAMPEKKATTU NANU Vs. MAMPEKKAT VASANTHA

JUDGEMENT

(1.) This revision is filed by a husband against the order for maintenance obtained by his divorced wife under S. 125 of the Cr.P.C. in M.C.No. 42/81 on the file of the Judicial First Class Magistrate, Kozhikode.

(2.) Prior to the dissolution of marriage, the wife filed another petition for maintenance under S. 125. Revision Petitioner resisted the same on the ground that she is not justified in living separate. He wanted the wife to come and reside with him. Her claim for maintenance was disallowed. Then the revision petitioner moved for restitution of conjugal rights and got a favourable order. Meanwhile, the wife moved for divorce and the marriage was dissolved. After divorce, she filed the present petition for maintenance claiming under explanation (b) to S. 125(1). That was allowed and the revision is against the order.

(3.) The main point urged by the revision petitioner before me was that a wife who has obtained divorce from her husband will not be entitled to the benefits of S. 125. But this contention cannot stand in view of Explanation (b) to sub-sec. (1) of S. 125, which reads :-