ASHIYABEGUM AND ORS. Vs. KHAYYUM AND ORS.

JUDGEMENT

(1.) The petitioners preferred an application under Section 125 of the Code of Criminal Procedure in the court of Chief Judicial Magistrate, Beed. The said application was registered as Miscellaneous Criminal Application No. 254 of 1996. The said application was presented on 11.7.1996.

(2.) On being summoned, the respondent filed his written statement on record. From the additional pleadings in the written statement, it is stated that petitioner no.1 used to disobey the orders of the husband, used to pick up quarrel with his parents and used to insist that he should reside separately from his parents. It is further stated that she on her own left the company of the husband requiring him to marry with Sultana. It is further stated in the written statement that on the day of filing of the written statement i.e. on 20.1.1997 in the presence of two witnesses, he gave divorce and thereby their relations as husband and wife ceased to exist. Therefore, the application under Section 125 of the Criminal Procedure Code is not maintainable.

(3.) Petitioner no.1 entered into witness box to substantiate her pleadings. She also examined Babamiya her father. Respondent Shaikh Kayyum also entered into witness box. He also examined his father Mohd. Jilani and one witness Mohd. Sadeq. According to the respondent and his witness, he gave Talaq.