ISMIAL BEG Vs. SHAHNAJ BI

JUDGEMENT

(1.) This revision is directed against an order dated 7-3-1983, passed by 4th Additional Sessions Judge, Bhopal in Criminal Revision No. 82 of 1982.

(2.) Non-applicant No. 1 Shahnaj Bi is the divorced wife of petitioner Ismael Beg. Shahnaj Bi submitted an application under section 125 of the Code of Criminal Procedure (hereinafter referred to as the CodeT), claiming maintenance at the rate of Rs. 150/- per month. Ismael Beg resisted this application inter alia on the ground that his average monthly income is only Rs. 125/- to Rs. 150/-, which is insufficient even to maintain himself.

(3.) Before the trial Magistrate, it was not disputed that there was a divorce between Shahnaj Bi and Ismael Beg on 25-7-1979. He found that Shahnaj Bi took divorce without any fault on the part of Ismael Beg and is living separately and so she was not entitled to any maintenance. According to him Ismael Beg not neglected in maintaining her.