UNOUS MIA Vs. SHELINA AKTAR

JUDGEMENT

(1.) IN view of the decision which I propose to take, it is not necessary to discuss the facts in great detail.

(2.) FOR the purpose of decision of this case, it would be sufficient to mention that the respondent Shelina Aktar filed a petition under section 125 of the Code of Criminal Procedure (Cr. P.C.) claiming that she was the legally married wife of Md. Unous Mia (petitioner herein). According to her, the marriage had been solemnized on 13 -05 -2007 according to Mohammedan law. She claimed that she had been driven out of her matrimonial home on 07 -02 -2008 and alleged that since her husband was refusing and neglecting to maintain her, she was entitled to maintenance @ Rs. 3,000/ - per month.

(3.) THE husband in his written objection also raised a plea that assuming for the sake of argument that some marriage had taken place between him and the wife Shelina Aktar, that marriage was not a valid marriage since Shelina Aktar was not properly divorced from Bacchu Miah at the time when the marriage between Unous Mia and Shelina Aktar allegedly took place.