ZOHRA KHATOON Vs. MOHAMMAD IBRAHIM

JUDGEMENT

(1.) This case has a long chequered history concerning a Muslim wife who has not been able to get maintenance allowance inspite of the fact that she had moved an application for the purpose on 17th September, 1974 under Section 125 Cr.P.C. as would be clear from what follows.

(2.) Mst. Zohra Revisionist No. 1 is the mother of Mohd. Ismail, Revisionist No.2. He was born of the wed-lock of Smt. Zohra and her husband Mohd. Ibrahim who is opposite party to the revision. She obtained a decree of dissolution of her marriage on 15.11973 under the provisions of Dissolution of Muslim Marriages Act, 1939. She filed a petition Under Section 125 Cr.P.C. on 17.9.1974 for grant of maintenance allowance for herself and for her son. Her husband resisted the petition on the ground that since the marriage had been dissolved by a decree of dissolution by Civil Court, she was not entitled to any maintenance allowance. This defence of the opposite party did not find favour with the Special Judicial Magistrate, Barabanki who by his order dated 29.12.1976 allowed the petition under Section 125 Cr.P.C. and directed the opposite party to pay a sum of Xs. 100/- per month in all as maintenance allowance for both the revisionists holding that the revisionists had been neglected by opposite party without any reasonable and probable cause. This order of the learned Magistrate was upheld in revision by the learned Sessions Judge. Therefore, the opposite party approached this Court Under Section 482 Cr.P.C. wherein it was held that because of dissolution of marriage Smt. Zohra was not entitled for any maintenance allowance for herself but it was directed that the opposite party shall be paid maintenance allowance @ 40/- p.m. for her son.

(3.) After the said decision of this Court Smt. Zohra filed a Special Leave Petition against the said judgment before Hon'ble Supreme Court. In the Supreme Court the opposite party did not appear initially, and therefore, the matter was heard ex-parte there. On February 18,1981, a Bench of three Hon'ble Judges of Supreme Court allowed the appeal of Smt. Zohra by holding that Smt. Zohra was entitled for maintenance allowance for herself as well as for her son. Accordingly, the order passed by this Court was set aside.