NAJMUNBEE Vs. SK SIKANDAR SK REHMAN

JUDGEMENT

(1.) HEARD Shri Khan, learned Counsel for the applicant, Shri Wankhede, learned Counsel for the respondent No. 1 and Shri Ahirkar, learned Counsel for the respondent No. 2.

(2.) THE judgment and order dated 19. 1. 1999 passed by the learned additional Sessions Judge, Washim in Criminal Revision Application No. 51/1998 whereby he reversed the order of maintenance passed by the learned Judicial Magistrate, First Class on 21. 8. 1998 in Miscellaneous judicial Case No. 35/1997 is under challenge in this revision.

(3.) THE brief facts are required to be stated as under : the applicant wife filed application, seeking maintenance for herself and minor child under s. 125 of the Code of Criminal Procedure in the Court of learned Judicial Magistrate, First Class. The respondent husband strongly resisted the claim of maintenance on the ground that he had given divorce to his wife as per provisions of Mohemmaden law by pronouncing talaq at three times and copy of talaqnama was served on the wife. The parties adduced evidence before the learned Magistrate and on considering the evidence, the learned Magistrate held that factum of divorce has not been proved and consequently, granted maintenance. The said application was allowed on 21. 8. 1998 and respondent No. 1 husband was directed to pay maintenance at the rate of rupees three hundred per month to the wife and at the rate of rupees one hundred fifty per month to the minor daughter. Admittedly grant of maintenance to minor daughter is not under challenge. The respondent No. 1 being aggrieved by the order passed by learned magistrate had filed criminal revision application before learned Additional sessions Judge, who allowed the said revision mainly on the ground that the husband had given divorce to his wife in the year 1995 and, therefore, she was not entitled to claim maintenance under s. 125 of the Code of criminal Procedure after coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986.