JANNI BIBI Vs. MOHAMMAD ABDUL RAHAMAN

JUDGEMENT

(1.) This is a revision against the order of the Court of the District Magistrate, West Godavari, setting aside the order awarding maintenance to the petitioner under S. 488, Criminal P. C. ( The petitioner and the respondent are Muhammadans. She married the respondent some years ago, and had three children by him. She filed M. C. No. 5 of 1950 on the file of the Sub-Divisional Magistrates Court, Eluru, under S. 488. Criminal P. C., and obtained an order for maintenance at the rate of Rs. 30.00 per month. Subsequently, in M. C. No. 2 of 1952, the Honorary Additional Ist Class Magistrate enhanced the rate of maintenance from Rs. 30.00 to Rs. 32.00 permonth.The respondent alleging that he divorced the petitioner by uttering Talak thrice before repectable people on or about 27.4.1954, filed M. C. No. 10 of 1954 before the District Magistrate. Eluru, for cancelling the order of maintenance. After infructuous attempts to serve the petitioner, she was declared ex parte. After examining P. W. 1 and the documents filed, the learned District Magistrate declared that the orders made in M. C. No. 5 of 1950 and 2 of 1952 were unenforceable from 27.4.1954 and accordingly set them aside. The wife has filed the aforesaid revision.

(2.) The learned counsel for the petitioner contended that the District Magistrate had no jurisdiction to cancel the order of maintenance on the ground that the wife was divorced. He also argued that the learned Judge violated the principles of natural justice in making an order behind the back of the petitioner. The learned counsel for the respondent countered the argument by contending that the Magistrate had ample power to do so under S. 489, Criminal P. C., and that, under the provisions of that section, the presence of the wife was not required for making any order against her.

(3.) To appreciate the contention of the parties, it may be convenient at this stage of read the relevant provisions of the Criminal Procedure Code: