MUNIJA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD . By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 03.03.2012, passed by Judge, Family Court, Haridwar, in Case No. 29 of 2011, Smt. Munija Vs. Shahnajar, under Section 125 of Cr.P.C., declining the interim maintenance.

(2.) LEARNED counsel for the petitioner pleaded that the trial court has erred in law in rejecting the application for interim maintenance moved by the petitioner (wife) against her husband Shahnajar (present respondent No. 2). Attention of this Court is also drawn to the case Shabana Vs. Imran, (2010) 68 ACC, 284 and it is argued that even a divorced Muslim woman is entitled to maintenance under Section 125 of Cr.P.C.

(3.) IN the above circumstances, trial court rightly felt necessary to record the evidence before granting maintenance sought by the petitioner, and at least for the interim maintenance, it was not found to be a fit case.