KASAM Vs. JENABI

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure 1973 (for short 'the Code') for setting aside the revisional order dated 13.12.86 passed by the Sessions Judge, Indore in Criminal Revision No. 136 of 1984 conforming the order passed by the Chief Judi. Magistrate Mandsaur on 16.8.84 making a monthly allowance of Rs. 125/ - in favour of non -applicant Mst. Jenabi.

(2.) IT is not in dispute that the non -applicant Jenabi first initiated proceedings for divorce and later filed the application under section 125 of the Code. In her application she had not stated that she was herself making any earning but it was found as a fact. Keeping that in view, the learned Magistrate passed the order making the monthly allowance only in the sum or Rs. 125/ -. The petitioner filed a revision against that order and has been unsuccessful.

(3.) THE contention of the petitioner's learned counsel in this court is that as the non -applicant had suppressed facts she was not entitled to any relief in exercise of the discretionary jurisdiction under section 125 of the Code. Reliance was also placed on the decision in Mehtar's case (1985 MPWN 457). It is further contended that there being divorce on 8.2.82 in view of section 4 of the Muslim Women (Protection of Rights on Divorce) Act 1986 (for short the Act) she is not entitled to any maintenance.