KASAM Vs. JAINABAI

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Cr. Case No. 1541/90.

(2.) THE applicant, husband of the nun -applicant in both the afore -said petitions (Misc. Cr. Case No. 1540/90 and Misc. Cr. Case No. 1541/90) has filed the petition having the facts as stated hereafter.

(3.) IT emerges from the aforesaid provision that the application as contemplated should be one by a divorced women. The Courts below have considered this aspect and have recorded a categorical finding that even earlier the applicant had railed this point and it was rightly held that the plea of divorce was not proved. In view of this the material foundation so as to attract Section 7 of the aforesaid Act was absolutely lacking in this case. In view of this factual position, it seems unnecessary to go into the legal question whether after the order of maintenance the aforesaid section would be applicable or not and if 10 at what stage and under what circumstances ? This point, is, therefore, left open.