BANOBEE BABBU GARVE Vs. BABBU HIRU GARVE

JUDGEMENT

(1.) THIS is an application under Section482 of the Cr. P. C. The marriage between the applicant and the non-applicant had taken place on7-4-1986. On 17-9-1996, the applicant moved an application for grant of maintenance under Section125 of the Code of Criminal Procedure before Judicial Magistrate, First Class, Karanja on the ground of ill-treatment and negligence. The non-applicant raised plea in his written statement that he had executed Talaqnama (Exh. 22) on3-9-96 i. e. prior to the filing of the application by the applicant under Section125 of Cr. P. C. On the same day the Talaqnama was sent to her by post, but she refused to accept the same. According to the non-applicant the applicant is no more his wife and that the application for maintenance was not tenable.

(2.) BY order dated-6-7-1998 J. M. F. C. Karanja rejected the application of the applicant mainly on the ground that she was divorced prior to the filing of the application and hence she was not entitled to claim maintenance under Section125 of the Cr. P. C. The applicant preferred revision against the said order. BY order dated15-12-1998 the Additional Sessions Judge, Washim dismissed the revision application and confirmed the findings recorded by learned J. M. F. C. Karanja. The applicant has challenged both these orders by the present application.