MOHD IDRIS Vs. NIGAR SULTANA

JUDGEMENT

(1.) THIS revision has been directed against the order dated 31. 1. 2002 passed by the learned Additional Sessions Judge (Special Judge), Ujjain in Criminal Revision No. 30/2001 arising out of the order passed by the learned Judicial Magistrate, First Class, Ujjain in Misc. Cr. Case No. 31/1997 on 4. 12. 2000.

(2.) IN narrow compass, the case of the parties before the Court below was that the non-applicant No. 2 Smt. in the year 1992. Out of their wedlock, non-applicant No. 2 Aasifa-daughter was born. The non-applicants submitted an application Under Section 125 of the Code of Criminal Procedure before the Trial Court on the grounds inter alia that the applicant was ill-treating the non-applicant/wife for demand of Rs. 1,00,000/- from her parents. She was carrying eight months' pregnancy and during that period on 14. 4. 1997, she was beaten and turned out of the house. The non-applicants prayed for grant of maintenance Rs. 1,500/- and Rs. 1,000/- per month respectively for them since they were not having any means to maintain and as such, the non-applicants are not able to maintain themselves.

(3.) THE applicant/husband appeared before the Trial Court and submitted that on 10. 4. 1997, he had divorced his wife non-applicant No. 1 and she had also relinquished her rights for maintenance. The applicant also submitted that in view of the provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Muslim Women Act) the application Under Section 125 of the Cr. P. C. was not maintainable unless the husband and wife both give consent for filing the application Under Section 125 of the Cr. P. C. and decision thereon.