JAIDABAI Vs. MOHAMMAD SHAFI MOHAMMAD ISMILE

JUDGEMENT

(1.) AGGRIEVED by the Judgment and order passed by the learned Sessions Judge, Buldaua in Criminal Revision Application No. 119 of 87 allowing the revision application and quashing the order passed by the learned Judicial Magistrate, First Class, Mehkar in Misc. Criminal Cage No. 70 of 86 granting maintenance to the applicant wife at the rate of Rs. 150/ - per month, the applicant -wife has filed this application alleging that the order passed by the Sessions Judge is liable to be quashed and set aside.

(2.) THE main contention of the applicant -wife is that the order of the Sessions Judge even on the basis of the Judgment cited i.e. : AIR1961Bom121 is prima facie wrong. She has further contended that the order of the learned Magistrate granting alimony at the rate of Rs. 150/ -per month is liable to be sustained.

(3.) IT will be seen from the Judgment of the Bombay High Court which specifically states that in case, if divorce is given and the statement made to that effect in the written statement, then Court will presume that the divorce is granted to the party from the date of the statement filed in the Court and after the expiry of the Iddat period i.e. lunar period of three months, this will have the effect. In this maintenance case, it has been observed that the written statement came to be filed wherein it has been stated that the wife has already been divorced. Therefore, it is held that from the date of the statement and after the expiry of three months lunar period as Iddat period till that period the applicant is entitled for the maintenance. Even on the basis of the Judgment cited above i.e. : AIR1961Bom121 , the applicant was entitled for the maintenance till the filing of the statement in the Court by the non -applicant No. 1 husband and thereafter for a period of three months, which has been denied to the applicant -wife. As such this Judgment of the learned Sessions Judge is in fact liable to be quashed and that of the learned Judicial Magistrate is liable to be restored with restrictions that the applicant is entitled for the maintenance from the date of application till the date of Iddat period. The statement came to be filed in January, 1987. Thereafter she will be entitled for maintenance till the end of April, 1987. Thereafter the Muslims Women (Protection of Rights) Act, 1987 will come into operation and this applicant will have to approach the appropriate authority for grant of the maintenance after this period.