MOHAMMED JUBER ADIL Vs. TAJ NAZAR

JUDGEMENT

(1.) THIS revision, has been filed by the applicant/husband against the order dated 16-4-2002 passed by learned Additional Sessions Judge, Khachrod, District Ujjain in Criminal Revision No. 03/2002 setting aside the order passed by the learned Judicial Magistrate, 1st Class Khachrod, in Criminal Case No. 24/2001 on 18th Sept. , 2001.

(2.) FOR disposal of this revision, the facts in short before the Courts below was that the applicant and non-applicant were legally wedded husband and wife. After marriage, the applicant started ill-treatment with non-applicant/wife. She was also turned out of the house. Therefore, non-applicant/ wife submitted an application for grant of maintenance in her favour under Section 125 of the Code of Criminal Procedure (for short 'the Code' ). She has also filed an application for fixing interim maintenance till final disposal of the main application.

(3.) APPLICANT/husband, on his appearance submitted the reply controverting the allegations levelled by the wife in her application. He submitted that he did not ill-treat her. According to him, he had given divorce to the non-applicant/wife. Therefore, she is entitled to maintenance up to the period of Iddat'. He has also submitted that the application under Section 125 of the Code filed by wife, was not maintainable. Learned Trial Court, by order dated 18-9-2001, held that parties are muslims and according to the husband he had divorced his wife/non-applicant, therefore, she is only entitled to get maintenance from the date of divorce, i. e. , 21-3-2001 till the period of 'iddat'. Learned Trial Court, fixed the maintenance for the period at the rate of 2000/-per month and the total calculated amount was Rs. 8,667/ -. According to the Trial Court, non-applicant/wife entitled only for this much amount and no other maintenance can be fixed in her favour for future.