SAZID Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.G.A. for the State. There is no need to issue notice to respondent Nos. 2 and 3.

(2.) RESPONDENT Nos. 2 and 3 filed an Application under Section 125 Cr.P.C. being case No. 584 of 2010 Smt. Shamina and others v. Sazid in the Court of Addl. Civil Judge (J.D.) / Judicial Magistrate, Saharanpur. Learned Magistrate vide order dated 24.1.2010 directed the petitioner to pay interim maintenance allowance at the rate of Rs. 1000/- per month to his wife-respondent No. 2 and Rs. 500/- per month to his minor daughter-respondent No. 3. Criminal Revision No. 143 of 2011 filed by the petitioner was dismissed vide order dated 4.5.2011 passed by Addl. Sessions Judge, Court No. 14, Saharanpur. Both the aforesaid orders are under challenge in this writ petition.

(3.) IN view of the aforesaid decision, it is clear that a divorced Muslim lady is entitled to claim maintenance from her husband as long as she does not remarry. Granting of maintenance allowance to respondent Nos. 2 and 3 cannot be faulted with, as only a small sum of Rs. 1000/- per month to wife and even lesser amount have been granted to the minor daughter as interim maintenance allowance. Considering all the facts and circumstances of the case, I do not find any good ground to interfere. The petition lacks merit and is accordingly dismissed. However, the learned Magistrate is directed to finally dispose of the application under Section 125 Cr.P.C. expeditiously, if possible within a period of three months from the date a certified copy of this order is produced before him.