HASINA BEGUM Vs. MD. HUMAYUN MIAH

JUDGEMENT

(1.) THE short but interesting question which arises in this petition, is whether a divorced Muslim wife is entitled to maintenance under Section 125 Cr.P.C. after the period of iddat is over.

(2.) TO appreciate the contentions raised by the petitioner wife, it would be pertinent to mention that on 02.11.1993 the petitioner wife filed a petition under Section 125 Cr.P.C before the learned Judicial Magistrate, 1st class, Agartala and on 02.11.1993 the learned Judicial Magistrate directed the respondent husband to pay maintenance to his wife @ Rs. 800/ - per month. In December 1999 the petitioner wife filed an application for enhancement of the maintenance allowance and the Judicial Magistrate, 1st class, Agartala by his order dated 10.04.2000 enhanced the amount to Rs. 1,000/ - per month.

(3.) THE learned Judicial Magistrate, 1st class after enquiry vide his order dated 21.01.2004 directed the husband to pay Rs. 500/ - per month as expenses for residential accommodation of the petitioner and an equal amount of Rs. 500/ - per month for maintenance of her social and religious obligations. This order was again challenged by the husband the Additional Sessions Judge who vide his judgment dated 27.01.2007 held that since the petitioner was divorced and since she was admittedly a Muslim, she was not entitled to maintenance beyond the iddat period. It is this order which is under challenge before me.