PARZANA PARVEEN Vs. SHAIKH KHAN

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure the applicant seeks to quash and set aside the order of the Additional Sessions judge, Amravati dated 16-7-2003 dismissing Criminal Revision No. 144/1999 thereby affirming the Order passed by the Judicial magistrate, First Class, Amravati dated 7-9-1999 in Misc. Criminal Case No. 9/99 party allowing the applicant's application for grant of maintenance allowance.

(2.) The facts which are admitted are that the applicant and the non-applicant are mohammedans and their marriage took place on 27-5-1998.

(3.) On 8-2-1999 the applicant moved an application for grant of maintenance under section 125 of the Code of Criminal Procedure on the ground that soon after her marriage she was ill-treated by the non-applicant, dowry was demanded to her and she was driven out of the matrimonial house. The non-applicant opposed the application denying allegations of harassment to the applicant, demand of dowry and deserting her. According to the non-applicant the marriage between him and the applicant was dissolved by 'khula' on proposal by the applicant on 24-9-1998 and execution of 'khulanama' on 5-10-1998; that he had also sent 'khulanama' to her on 31-3-1999. Thus the applicant is no more the wife of the non-applicant and is not entitled to claim maintenance. The application for grant of maintenance is not tenable and is liable to be dismissed.