HABIB Vs. FIRST ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) C. A. Rahim, J. A maintenance peti tion was filed by Smt. Zaitoon (respondent No. 3) against her husband Habib (petitioner) with the allegation that she is the legally married wife and out of the wed lock a daughter, namely, Km. Shahana Par-veen (respondent No. 4) was born. The mar riage took place 12 years ago prior to 2-8-1988. When the gjrl was about 5-6 years old both of them were deserted. 3-4 years after the marriage the petitioner Habib eloped with one woman and remained untraced for some time. When he was found out Smt. Zaitoon's brother tried to obtain main tenance for Smt. Zaitoon and her daughter which was refused. Application for main tenance was filed claiming Rs. 300/- for her self and Rs. 200/- for her children. In written statement filed on 19-5-1989 Habib has stated that he has divorced her about one year and nine months back. So she cannot claim maintenance under Section 125, Cr. P. C. Objection was ruled out and the trial Court, 1st Additional Civil Judge, Junior Division, Bulandshahar in Case No. 240 of 1995 allowed the maintenance at the rate of Rs. 300/- from the date of communication of the divorce, i. e. 19-5-1989. He also allowed Km. Shahana Parveen to receive main tenance at the rate of Rs. 200/- from the said date of application.

(2.) A revision was filed by Habib, the present petitioner, which was dismissed on 21-6-1997 being Criminal Revision No. 310 of 1996. Being aggrieved Habib filed this writ petition.

(3.) THE next contention of the learned counsel about the entitlement of the main tenance of the child born out of the former husband will be for a period of two years only is based on misconception of Section 3 of the Act. In that Section right of a divorced lady has been determined besides her entit lement of maintenance during Iddat period. She would be entitled to receive main tenance for a period of two years of the child from the date of birth of the child out of former husband if she herself maintains the said child. It does not confine the right of children to receive maintenance from their father after two yeras under Section 125, Cr. P. C. Section 3 of the Act only entitles a divorced lady to receive maintenance for her children for limited period and for the rest of the period, according to Section 125, Cr. P. C. the children will receive main tenance from their father. Section 3 of the Act has no application on the right of the child to receive maintenance after the age of two years.