SHAIKHINABEE SAYYAD WALI SHAIKH Vs. SAYED WALI

JUDGEMENT

(1.) Heard both the learned Counsel extensively.

(2.) Rule was issued on 18th April, 2006. The Award of maintenance was stayed.

(3.) The admitted position between the parties is, Petitioner - Shaikhinabee was married to Respondent - Sayyed Wali s/o Katusab Shaikh 30 years prior to filing of the proceedings under Section 125 Code of Criminal Procedure The couple is blessed with two female children, who are married. An irony in the life of Petitionerwife is multiplied on the accusations from her husband of developing illicit relations with one Uttam. On 11.6.2002, since the wife was deserted without sufficient cause, she filed the maintenance proceedings. On 25th September, 2002, the matter was posted for appearance. On 25th October, 2002, the Respondent/husband filed his response/written statement. For the first time, he apprised the Court that he has already, on 20th October, 2002, divorced his wife by proclaiming the same three times in presence of witnesses and also causing a paper publication, also communicating the same to the wife under a letter.