F SHEIK HUSSAIN Vs. FARIDHA BANU

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed against the order of the Principal District and Sessions Judge, Salem, rendered in C.R.P.No.31 of 2007.

(2.) THE short facts that are necessary for the disposal of the above Criminal Original Petition are set-out below:- THE respondent herein who is the second wife of the petitioner filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance at the rate of Rs.3,000/- per month alleging that the petitioner had deserted the respondent without any valid reason and neglected to maintain her though he was possessed of sufficient means. THE said petition was contested by the petitioner herein contending that he had divorced the respondent / wife by pronouncing -Thalaq- on 15.09.2003 and pronounced -Muthalaq- in front of the witnesses for the same and he sent a notice dated 30.09.2003 informing the same to her and she received the notice and sent a reply since a valid divorce has been granted by the husband-petitioner herein the marriage between the petitioner and the respondent has been dissolved and hence the respondent is not entitled for any maintenance except for the -Iddat- period maintenance as per the Muslim Women (Protection of Rights on Divorce) Act 1986 (hereinafter referred to as -the Act-) the petition filed under Section 125 Cr.P.C. is not maintainable.

(3.) I have carefully considered the said submissions made by the learned counsel.