ABEDABI Vs. SIKANDAR AKBAR MUJAWAR

JUDGEMENT

(1.) The petitioner one Abedabi d/o Daud Shaikh has filed this petition under Article 227 of the Constitution of India on behalf of herself and on behalf of her minor son Samir challenging the order passed by the learned Additional Sessions Judge, Solapur, in Criminal Revision Application No. 12 of 1978 as well as in Criminal Revision Application No. 13 of 1978 filed by her husband Sikandar Akabar Mujawar. Abedabi had filed Criminal Revision Application No. 12 of 1978 in the Court of the Sessions Judge, Solapur, against the judgment and order dated 24th January, 1978 passed by the learned Judicial Magistrate, First Class, Solapur, dismissing her application for maintenance under section 125 of the Code of Criminal Procedure.

(2.) In this petition the following facts are not disputed : (1) that the present petitioner Abedabi was married to respondent Sikandar Akabar Mujawar on 20th May, 1971, (2) that a son who was named Samir was born on 10th of June, 1972 out of this wedlock and (3) that as the petitioner and the respondent did not get along in their marital relationship, respondent Sikandar issued a public notice giving talaq on 6th January, 1973 and divorced her. It is also not disputed that thereafter Sikandar married one Mumtaj Begum on 29th May, 1973 and from the second wedlock two issues are born.

(3.) In consequence of the talaq pronounced by the respondent husband, petitioner Abedabi filed Regular Civil Suit No. 968 of 1974 on 26th September, 1974 in the Court of the Civil Judge, Junior Division, Solapur, for maintenance and for recovery of an amount of Rs. 5, 779.05. This amount consisted of four items, namely, :--- <FRM>JUDGEMENT_240_BCR0_1980Html1.htm</FRM>