MOHD ABDUL QADAR Vs. NILQUES BEGUM

JUDGEMENT

(1.) The wife filed an application for divorce on 2nd February, 1977 under section 125 fl) of the Code of Criminal Procedure, 1973 on the eround that her husband inspite of having sufficient means has neglected and refused to maintain her. The plea of the husband was that as far back as 1973 he had divorced her on 6th May, 1973 and had also paid the entire meher amount and had returned all the Jehez articles. Admittedly he had not paid the maintenance during the period of Iddath. The trial Court believed that the husband had divorced the wife on 6th May, 1973 and also paid the meher amount and returned jehez articles and as such dismissed the application. Aggrieved by the order of the trial Court the wife preferred a revision and the learned Metropolitan Sessions Judge, Hyderabad, allowed that revision and ordered maintenance to be paid by the husband at the rate of Rs, 100 per month from the date of the application, i.e., 2nd February, 1977. It is this order which is being challenged in this revision.

(2.) Mr. S. V. Ranga Rao, the learned advocate appearing on behalf of the petitioner- husband contends that the wife is no longer a lawfully wedded wife because she had already been divorced on 6th May, 1973 and the petitioner had also paid the entire meher amount and returned all the jehez articles. Therefore, the husband could not have been called upon to continue to pay maintenance to his wife-respondent. The provisions of section 127 (3) (b), Criminal Procedure Code, would apply only for cancellation of an order of maintenance and cannot be taken into consideration for purposes of passing an order of maintenance.

(3.) I regret I cannot accede to the contentions advanced by Mr. Ranga Rao. Section 125(1), Criminal Procedure Code, provides that if any person .having sufficient means neglects or refuses to maintain his wife and wife is defined by Explanation (b) to sub-section (1) of section 125, Criminal Procedure Code, as follows: