ZAMRUD BEGUM Vs. K MD HANEEF

JUDGEMENT

(1.) The petitioner seeks quashing of the proceedings in Crl. R.P. No,74 of 1999 as well as the order passed in Crl. M.P. No. 1850 of 1992 in M.C. No.21 of 1986 on the file of Judicial First Class Magistrate, Kurnool.

(2.) A brief resume of background of facts is necessary.

(3.) It is an undisputed fact that the petitioner married the 1st respondent herein under Muslim Law. The petitioner herein presented M.C. No.21 of 1986 claiming maintenance against the 1st respondent herein. The lower Court granted maintenance. Some amounts were said to have been paid. The order has become final. The 1st respondent herein presented Crl. M.P. No. 1850 of 1992 in M.C. No.21 of 1986 for cancellation of the maintenance granted in favour of the petitioner. The said petition was dismissed on 4-3-1994 and the matter was carried in revision being C.R.P. No.36 of 1994 before the III Additional Sessions Judge at Kurnool. The HI Additional Sessions Judge, Kurnool, through his order dated 23-6-1995, remanded the matter to adjudicate the CrLM.P. No. 1850 of 1992 afresh. Thereupon the Judicial First Class Magistrate, Kurnool set aside the order granting maintenance on the ground that the talaq comes into effect only from the date of petition i.e., from 5-11-1992. The petitioner, who is aggrieved, has carried the matter in revision in C.R.P. No.74 of 1994 on the file of II Additional District and Sessions Judge, Kurnool.