WAHAB ALI Vs. QAMRO BI

JUDGEMENT

(1.) THIS is a Muslim husband's revision petition against an order of maintenance passed by the lower Court awarding O, S. Rs. 50 to his wife and two daughters aged 8 and 11.

(2.) IN his counter, the husband stated that ha had divorced his wife in 1854 Fasli. The Court, however, hold that the alleged divorce was not proved. In revision, I am not prepared to interfere with this finding of fact.

(3.) LEARNED Advocate for the respondents argues in the alternative, as a question of law, that the statement by the husband in his written statement that he had divorced his wife will operate as divorce since it is an expression of his intention to divorce his wife. He relies on a Division Bench ruling of this High Court in Mohammed Hussain v. Rasul Bi, 14 Deccan L. R. 37 wherein it was held that a statement of the husband as having given tallak, made before the Court operates as divorce. In Abdul Azeez v. Kabira Bi, 32 Deccan L. R. 192, it was held that an endorsement by the husband on a notice issued by the Court in maintenance proceedings, that he had divorced his wife operated as a declaration of divorce. This is a Single Bench judgment dated 18th Farwardi 1351 Fasli. Learned Advocate for the respondents refers me to another Single Bench ruling of the same learned Judge who decided the last-mentioned case. That is the ruling in Hussain Begam v. Mirzaturab Ali Khan 31deccan L. R. 7. The data of this judgment is 13th Mehir 1349 Fasli and it was held that, where the wife denied that talak was granted, it had to be proved like any other fact. That is so, I am unable to see how this earlier ruling conflicts with the later ruling of the same learned Judge.