FARHANA Vs. ATEEQUE KHAN

JUDGEMENT

(1.) HEARD Sri Dharmendra Singh, advocate for the revisionist and Sri Mohd. Sayeed, advocate for the opposite party on admission and final hearing.

(2.) THIS is a criminal revision under Section 397 of the Code of Criminal Procedure against the judgment and order dated 6.11.1999, passed by the IInd Additional Sessions Judge, Unnao in Revision No. 28 of 1999, Ateeque Khan v. Smt. Farhana and another.

(3.) THE aforesaid order of the learned Magistrate was challenged in Criminal Revision No. 28 of 1999. The revisional court held that Smt. Farhana, the revisionist had filed a Civil Suit No. 108 of 1998 for permanent prohibitory injunction restraining the opposite party from remarrying and in that case the opposite party has proved the date of divorce and has filed the deed of divorce. Therefore, the revisional court held that the petition under Section 125 of the Code of Criminal Procedure for the divorced-wife cannot be entertained. The revisional court set aside the order dated 20.1.1991 passed by the learned Magistrate. It is against this order passed in revision ; the instant revision has been filed in this Court by the revisionists.