PARVIN ISMILE SHAIKH Vs. ISMAIL HUSSAIN SHAIKH

JUDGEMENT

(1.) THIS application is filed under Section 482 of the Criminal Procedure Code.

(2.) BY this application, applicant - Parvin seeks quashing of order dated 21.2.2000 rendered by learned Additional Sessions Judge, Ahmednagar in Criminal Revision No.113 of 1998 and order dated 3.4.1998 rendered by learned Judicial Magistrate (F.C.), Pathardi, in proceedings under Section 125 of the Criminal Procedure Code (Cri. Misc. Application No.175 of 1995). Both the Courts held that the applicant -Parvin is not entitled to receive separate maintenance allowance from the respondent (husband).

(3.) THE respondent/husband appeared in the proceedings and resisted the application. He alleged that after birth of the female child, the wife went to her parents' house and overstayed there for six (6) months. He further alleged that after her return from the parents' house, she started quarrelling with him without any reason. He purchased an agricultural land in her name. Her behaviour did not improve. He came to know that she had developed love affair with one David Bhingardive. He went to bring her back on 23rd June 1994, but it was of no avail. Hence, on 28th June 1994, he gave divorce to her as written "Talaqnama". A copy of the Divorce Deed was sent to her by registered post. Same was published in a daily newspaper called "Nagar Times" dated 3rd May 1994. She became ineligible to claim maintenance allowance on account of such divorce. He was ready and willing to make appropriate provision and to pay allowance for iddat period. She is able to maintain herself. On these premises, he urged for dismissal of the proceedings under Section 125 of the Code of Criminal Procedure.