AABIDA BEGAM Vs. IQBAL AHMED

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482 of Cr.P.C. against the order dated 26.11.2010 passed by the learned Sessions Judge, Shahdol (Shri Jagdish Prasad Parashar) in Criminal Revision No.38/2010 by which the revision petition was dismissed and the order dated 30.3.2010 passed in MJC No.161/2009 by the Judicial Magistrate First Class, Shahdol (Smt. Sashi Singh) was confirmed.

(2.) THE brief facts of the case are that the petitioner was granted maintenance of Rs.200/- per month vide order dated 15.7.1985. It was also admitted that the respondent did not pay the maintenance amount since the year 2007, and therefore the petitioner had approached the concerned JMFC for recovery of the maintenance amount. THE respondent filed an application under Section 125(3) of Cr.P.C. with the pretext that since the petitioner was a divorcee muslim woman, she was not entitled for any maintenance and consequently the JMFC Shahdol vide order dated 30.3.2010 accepted the objection raised by the respondent and quashed the recovery proceeding. THEreafter the petitioner preferred a revision before the Sessions Judge, Shahdol. THE learned Sessions Judge, Shahdol vide order dated 26.11.2010 dismissed the revision petition confirming the order passed by the JMFC concerned.

(3.) ON the other hand, learned counsel for the respondent has submitted that since the respondent has given talaq to the petitioner, therefore the provisions of Section 125 of Cr.P.C. are not applicable. In support of his contention, he has placed his reliance on the order passed by this Court in the case of "Smt. Shabana Bano Vs. Imran Khan" [2009(1) MPHT 516]. Similarly, it is also argued that there is a concurrent finding of both the Courts below that the petitioner is not entitled to get any maintenance amount, and therefore it was prayed that the present petition may be dismissed being devoid of any merits.