SAFIA KHATOON Vs. KAUSHAR ALI

JUDGEMENT

(1.) O. P. Pradhan, J. Smt. Safia Khatoon, who filed a revision before this Court against the judgment and order dated 13-11- 1991 passed by the IInd Addl. Sessions Judge, Shahjahanpur, filed a petition under Section 125, Cr. P. C. against her husband, Kaushar Ali for awarding maintenance allowance to her. The IInd Addl. Chief Judicial Magistrate, Shahjahanpur vide his order dated 28-6-1991 awarded the maintenance of Rs. 300 p. m. from the date of the order Kaushar Ali with whom Smt. Safia Khatoon was married pleaded in the written statement filed before the learned Magistrate that he had divorced Smt. Safia Khatoon on 15-2- 1989 in the presence of witnesses and had also sent by registered post Talaaq Nama. The learned Magistrate did not accept the evidence adduced in support of the alleged divorce. In the revision the learned Ilnd Addl. Sessions Judge found that the petitioner had divorced the wife and therefore, she was entitled to get maintenance only up to the period of Iddat. Smt. Safia Khatoon has challenged the judgment and order of the learned IInd Addl. Sessions Judge, in the revision filed before this Court.

(2.) THIS court on 21-2-1992, while issuing the notice to the opposite parties had also directed the husband (opposite party No. 1) to pay a sum of Rs. 300 p. m. as maintenance to the revisionist from the date of filing of the application under Section 125, Cr. P. C. The husband (opposite party No. 1) moved for setting-aside the interim order dated 21-2-92 passed by this Court, by means of the application dated 3-8-1992 supported by an affidavit. A counter-affidavit has been filed on behalf of Smt. Safia Khatoon in relation to the affidavit filed in support of the application for vacating the interim order dated 21-2-1992.

(3.) SUMON the lower-court record and list for admission on receipt of the lower-court record. The revision itself is likely to be disposed of on merits on the date of admission itself. Order accordingly. .