RASHIDKHAN AMIRKHAN PATHAN Vs. HALIMABI

JUDGEMENT

(1.) These proceedings are instituted by the petitioner under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure for challenging the legality of the judgment dated October 17, 1981 recorded by the Additional Sessions Judge, Pune, confirming the order dated April 15, 1981 passed by the Judicial Magistrate, First Class, Junnar, awarding maintenance amount of Rs. 100/- per month to respondent No. 1.

(2.) The respondent wife filed and application under section 125 of the Code of Criminal Procedure on July 29, 1980 before the Judicial Magistrate, First Class, Junnar. The parties are Muslims. The Marriage was contracted on April, 15, 1980 and the Talaq was given on June 16, 1980.

(3.) The hearing of the application under section 125 of the Code of Criminal Procedure was resisted by the husband by claiming that the divorce was at the instance of the wife and she is not entitled to the amount of maintenance. The second date of hearing was on April 15, 1981 and on that date the husband remained absent and the application for adjournment (Exh. 8) made on his behalf was turned down and the proceedings were disposed of ex parte by the trial Magistrate. The revision carried by the husband to the Sessions Court ended in dismissal. The Additional Sessions Judge found that there was not sufficient ground for the husband to remain absent. The claim of the Advocate for the husband that by mistake he had given a wrong date to his client was not accepted.