SAJID AKHTAR Vs. NARGIS BI

JUDGEMENT

(1.) IT is a petition filed under Section 482 Cr. P. C. by husband Sajid Akhtar, agninst whom an order of payment of maintenance allowance to his wife was passed by the Trial Court and which was maintained by the second A. J. to S. J. Khandwa with certain modifications.

(2.) CONTENTION for the present petitioner is that the non-applicant was divorced by the present petitioner and therefore, in view of the provisions contained in Muslim Women (Protection of Rights on Divorce) Act, 1986, the application filed under Section 125 Cr. P. C. for receiving maintenance allowance by the present non-applicant from the present petitioner was not maintainable.

(3.) IT has to be seen in this regard that this mixed question of fact and law as to whether the non-applicant was or was not divorced by the present petitioner was gone into and was thoroughly considered by the two Courts below. Both of the said Courts found that since the present petitioner allegedly gave divorce in writing, it was essential that the said written deed of divorce ought to have had been proved in accordance with law. It was not the contention of the petitioner that he had orally divorced the non-applicant,