MOHD AYUB KHAN Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. List has been revised. None responds for the revisionist.

(2.) THE facts giving rise to present revision briefly stated are that the opposite party No. 2, Smt. Jubaida Begum filed an application under Section 125, Cr. P. C. against her husband, Mohd. Ayub Khan, the revisionist, for grant of maintenance allowance with the allegations that her husband and in-laws misbehaved and maltreated her, to press demand of Rs. 50,000 as dowry. Ultimately, her husband turned her alongwith her son aged about one and half years, out of his house. She came to live with her parent, where her son died of meningitis. She has further alleged that from the date of her desertion by her husband, the latter has neither come to her father's house to take her back, nor provided maintenance allowance to her. She has asserted that her husband has suf ficient means but has neglected to main tain her, that she is unable to maintain herself.

(3.) THE parties are Muslims. On the date, the trial Court was hearing the argu ments the husband moved an application that he had gone to call his wife back to his house, when she did not agree to come to his house, he divorced her and that she is no more his wife from 13-10-1997. THE trial Court has taken this fact in its consideration and, therefore, granted main tenance allowance to the wife against her husband from the date of application i. e. 13-10-97, the date she was divorced by her husband.