KAIRUNNISA BEGUM Vs. KHAJA HUSSAIN

JUDGEMENT

(1.) The 1st petitioner in this Criminal revision is the mother. The 2nd petitioner is her daughter. The 1st respondent is the husband of the 1st petitioner and the father of the 2nd petitioner. Both the petitioners filed M. C. No. 11/1974 in the Court of the Third City Magistrate, Hyderabad under Section 488 Cr. P. C. for maintenance. The Court directed the respondent to pay a sum of Rs. 100/- per mensem to tip 1st petitioner and Rs. 50/- per mensem to the 2nd petitioner towards their maintenance. That order has become final.

(2.) The petitioner filed M.P. No. 360/1974 for realising a sum of Rs. 1150/- towards the arrears of maintenance from July 1973 till 20-2-1974. They also filed M.P. No. 273/1975 for recovering Rs. 1133.34 for the maintenance due to the 1st petitioner and for Rs. 566-66 due to the 2nd petitioner for the period from 21-2-1974 to 31-1-1975.

(3.) Both the petitions were resisted by the respondent. He did not deny his liability to maintain the 2nd petitioner. It was conceded by the learned counsel for the petitioners in the lower Court that the amount due to the 2nd petitioner in the two petitions was already paid. The respondent resisted the claim of the 1st petitioner for arrears of maintenance on the ground that he had divorced her on 4-7-1973 and had communicated the divorce to her by sending a lawyer's notice by registered post which was served upon the 1st petitioner on 9-7-1973. It was, therefore, contended that since the relationship of the husband and wife was no longer subsisting, the respondent was not bound to maintain the 1st petitioner.