M SUBHAN Vs. MAQBUL BEE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the husband against the order in Crl.M.P. No. 569 of 1988 in M.C. No. 34 of 1979 on the file of the Judicial First class Magistrate's Court, Hindupur. The wife filed a petition in Crl.M.P. No. 569 of 1988 claiming enhancement of maintenance from Rs. 125.00 to Rs. 500.00 per month. She pleaded that there is an increase in the income of the husband and her life has become costly and even for her absolute needs she would require maintenance of Rs. 500.00.

(2.) The husband resisted the petition on the ground that the various allegations about his income are not proper and that exaggerated claims are made in the petition. He took the plea that his wife was divorced long ago and as she is a divorced wife, after the passing of the Muslim Women's (Protection of Rights on Divorce) Act No. 25 of 1986 it is not open to the wife to claim maintenance under S. 125, Cr.P.C. and Ss. 125 to 128, Cr.P.C. are not available to her.

(3.) After a very elaborate enquiry, the Court came to the conclusion that the plea of divorce was negatived earlier even in MC proceedings and the same finding has been confirmed in the appellate Court and in the revisional Court and that the plea of divorce set up during the pendency of Crl.M.P. No. 569 of 1988 is not proved and hence Act 25 of 1986 is no bar for the claim and that considering the increase in income and the changed circumstances the husband is liable to pay enhanced maintenance of Rs. 300.00 per month. Aggrieved by the same, the present revision is filed.