JAVED KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed against the orders dated 2. 6. 08 and 6. 11. 08 passed by the courts below. Vide order dated 2. 6. 08 an application for interim maintenance moved in the proceedings under Section 125, Cr. P. C. was allowed by the trial court and an interim maintenance of Rs. 600/- was awarded to the respondent no. 2. When the revision was preferred against the order passed by the trial court, that revision was dismissed by the Sessions Judge vide order dated 6. 11. 08. Heard Mr. A. Raza, learned counsel for the petitioner, learned AGA and perused the record. It has been argued by Mr. Raza that as the respondent no. 2 had been divorced by the petitioner and she was a divorced Muslim woman the proceedings under Section 125, Cr. P. C. were not at all maintainable and so the application for interim maintenance. In this regard reliance has been placed on two rulings. One of the Apex Court reported in JT 2001 (8) Supreme Court 219, Danial Latifi and another Vs. Union of India and the other is the judgment of Allahabad High Court reported in 2008 (9) ADJ 436, Shahid Jamal Ansari Vs. State of U. P. and another. For deciding the matter before me it is not at all desirable to opine as to whether a divorced Muslim woman is entitled to maintenance under Section 125, Cr. P. C. or not as the present case can be decided on another ground available before the court. It is apparent from the record that the question of divorce has yet to be decided by the trial court. Till it is decided, the trial court cannot be said to be wrong in just going by the assertions made by the petitioner in her application under Section 125, Cr. P. C. Thus, the trial court as well as the revisional court were justified in granting the interim maintenance when such an application was moved in the proceedings under Section 125, Cr. P. C. Accordingly, this writ petition lacks merit and is dismissed. However, it is directed that the trial court shall make all endeavour to dispose of the application under Section 125, Cr. P. C. within a period of two months' from the date of the production of the certified copy of the order. .