SHANVAZ BEGUM Vs. D AHAMMAD SAB

JUDGEMENT

(1.) ON an earlier occasion when the matter is listed on 21-4-2010, as the petitioner has not evinced any interest in prosecuting the matter, the Criminal Petition was dismissed. Now the present petition i.e. Crl.P.M.P. No. 7109 of 2010 is filed to recall the said order and as such the matter is listed today under the caption for being mentioned. The first petitioner filed affidavit stating various reasons for their non appearance on 21-4-2010 and this court is satisfied with the said reasons. Hence Crl.M.P.No. 7109 of 2010 is ordered and the order dated 21-4-2010 is recalled.

(2.) THE facts in brief are that the petitioner herein who is the wife of the first respondent herein along with her children approached the trial Court and filed M.C.No. 5 of 2003 under Section 125 of Cr.P.C. claiming maintenance at the rate of Rs. 1,000/- each. THE husband i.e. the first respondent herein contested the same stating that there was divorce between the first petitioner i.e. the wife and himself and as such the wife is not entitled to the maintenance. THE court below while awarding maintenance to the first petitioner and her children at the rate of Rs. 500/- p.m., however, restricted the said payment amount of maintenance for a period of three monthly only i.e. for the iddat period in so far as the first petitioner is concerned. THE wife approached the appellate court i.e. learned Sessions Judge at Anantapur and filed Crl.R.P.No.55 of 2005 and the learned Sessions Judge by his order dated 28-9-2006 confirmed the said order. THE same is questioned by filing this petition under Section 482 Cr.P.C.

(3.) IN the light of the said submissions made by both the counsel, this court looked into the judgment passed by the Supreme Court wherein a Five Judge Bench dealing with this issue i.e. as to whether a Muslim wife is entitled for maintenance on par with other divorced wives, after discussing various aspects under the Muslim Law has held as follows: