BEGUM BEE MOULAN BEE Vs. SHAIK HUSSAIN

JUDGEMENT

(1.) The unfortunate wife filed the present petition seeking to set aside the orders in Crl.R.P.No. 17/2007 on the file of the VI Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District at Vikarabad which is a revision arising from the orders in M.C.No. 5/2004 on the file of the Judicial First Class Magistrate, Tandur, Ranga Reddy District. The 1st respondent is the husband of the petitioner. The petitioner/wife claimed maintenance through M.C.No. 5/2004. The petition was dismissed. The revisional Court confirmed the orders in the M.C.No. 5/2004. Hence this petition.

(2.) The 1st respondent/husband contended that he divorced the petitioner/wife on 13.12.2004 by pronouncing triple Talaq. The petitioner/wife filed the maintenance case on 10.03.2004. The respondent/husband pronounced the Talaq on 13.12.2004. It is the case of the petitioner/wife that she was not aware that the 1st respondent pronounced Talaq till she came to know of the same through the counter.

(3.) Relying upon the judgment of this Court in Syed Maqsoof vs State of Andhra Pradesh, 2003 AIR(AP) 123 the trial Court and the revisional Court held that the triple Talaq as pronounced by the 1st respondent/husband was legal and that the marriage consequently stood dissolved between the petitioner and the 1st respondent. The maintenance case and the revision there from consequently were dismissed.