MOHAMMAD HANEEF Vs. ANISA KHATOON

JUDGEMENT

(1.) THIS revision has been filed against the order of the Sessions Judge allowing the revision of the wife, who had claimed maintenance under Section 125 of the Code of Criminal Procedure 1973.

(2.) THE respondent had filed an application in the Court of the Magistrate under Section 125, Cr. P. C. on the allegation that she was married to the present applicant. Thereafter she was divorced, but she did1 not marry again. On the basis of the definition of 'wife' given in Section 125. Cr. P. C. she claimed maintenance from the husband. The husband appeared and' objected -to the maintainability of the application. The objection was accepted by the learned Magistrate and he dismissed the application on the ground that the applicant was not entitled to maintain the respondent because she had been divorced in March 1968, i. e. much before the enforcement of the Code of Criminal Procedure 1973, The 1st Additional District and Sessions Judge has allowed the revision filed by the wife and has held that the application was maintainable. The husband has now come to this Court to challenge the order of the Sessions Judge.

(3.) SECTION 125 of Criminal P. C. 1973 provides, 125 (1) If any person having sufficient means neglects or refuses to maintain