SAFIYABI Vs. SHAFIK MOHD KHAN

JUDGEMENT

(1.) HEARD Mrs. S. P. Deshpande, the learned Counsel for the applicant and Mr. N. Iqbal, the learned Counsel for respondent No. 1 and Mr. Mirza, the learned A. P. P. for respondent No. 2.

(2.) THIS revision application is preferred by the applicant, the divorced wife of respondent No. 1, against the order passed by Second Additional Sessions Judge, Akola on January 19, 1999 in Criminal Revision Application No. 172 of 1998 rejecting her claim for the amount of Rs. 30,000/- towards reasonable and fair provisions for maintenance for her life.

(3.) APPLICANT Safiyabi was married to respondent Shafik Mohd. Khan s/o Sadat Meer Khan. After the marriage, though she lived with her husband, she was treated with cruelty and her husband refused and neglected to pay maintenance to her. She had filed Misc. Criminal Application No. 6 of 1996 before the Judicial Magistrate, First Class, Murtizapur under Section 125 of the Code of Criminal Procedure for maintenance as she was unable to maintain herself and her husband has refused and neglected to maintain her. During pendency of the said application, her husband gave divorce to her on 1st of January, 1996, and thereafter, on 12th August, 1996 her maintenance application came to be rejected by the Judicial Magistrate.