SANJEEDA Vs. SHAFI MOHAMMED

JUDGEMENT

(1.) Impugning the order dated 14th August, 2003 passed by Sessions Judge, Morena in criminal revision no. 113/02, this petition for invoking the inherent powers of this Court under Section 482 of Cr.P.C. has been preferred. By the impugned order the learned Sessions Judge inter alia has affirmed the order dated. 14.3.02 passed by J.M.F.C., Morena in M.J.C.N 13/00 (new no. 136/03), by which learned magistrate while considering the application supported by an affidavit filed by the respondent, negatived the claim of maintenance of the petitioner, a muslim wife, on the ground that she has been divorced during the pendency of the proceedings.

(2.) The facts, in brief, are that during the pendency of one application under Section 125(3) of Cr.P.C. filed by the petitioner for execution of the maintenance, the respondent/husband while assailing the claim of maintenance has filed one application on 27th August, 2001 supported by an affidavit dated 11th August, 2001 and informed the Court that he has already divorced the petitioner and being Muslim, after divorce she is not entitled for any maintenance. The same was denied by the petitioner. However, the learned magistrate while accepting the factum of divorce negatived the claim of the petitioner from the date of application. The same was assailed by the petitioner before the learned Sessions Judge in the aforesaid criminal revision in which the finding of the learned magistrate with regard to the existence of valid divorce was affirmed and the revision petition was dismissed with some modification (which is not relevant). Hence, this petition by the petitioner/wife.

(3.) While placing reliance on the following judgments:-