PYARANBI USUFF NAIK Vs. USUFF ABBAS NAIK

JUDGEMENT

(1.) THIS petition seeks to challenge the order dated 11/11/1994 passed by the Additional Sessions Judge, Kolhapur, in Criminal Revision Application No. 54 of 1994.

(2.) THE petitioner Sau. Pyaranbi Usuff Naik filed an application for maintenance before the Judicial Magistrate First Class, Gadhinglaj, under the provisions of Section 125 of the Code of Criminal Procedure. In reply, the respondent-husband stated that he had divorced the petitioner. THE learned Magistrate allowed maintenance to the petitioner-wife at the rate of Rs. 150/- per month. THE matter was taken in revision by the respondent-husband. THE learned Additional Sessions Judge, taking an authority from a case reported in A. I. R. 1961 Bombay 121 held that since the husband had made a statement in his written-statement that he had divorced his wife, the petitioner herein, even if divorce was not proved, the divorce would be effective from the date of statement made in the written statement. THE learned Judge, therefore, allowed the maintenance to the petitioner only for a period of three months, i. e. the period of Iddat. It is this order which has been impugned in this petition by the petitioner-wife.