NARGIS BANU @ JULI Vs. SALIM SK. @ DALIM SK.

JUDGEMENT

(1.) The petitioner before this Court is a talaqui wife who filed an application before the learned Sub-Divisional Judicial Magistrate (now called A.C.J.M.) of Rampurhat under section 125 of the Crimial P.C. and the learned Magistrate allowed maintenance in the sum of Rs. 500.00 per month from the date of filing of the application. Learned Magistrate observed that the claim of maintenance under section 125 of the Crimial P.C. is not barred for a talaki wife and in support of his finding he referred to a decision of the Honourable Supreme Court as Danial Latifi's, 2002 CCLR 1 (SC) case.

(2.) In revision the learned. Additional Sessions Judge of Rampurhat set aside the order of the learned Magistrate on 9.3.2006 in Criminal Revision No. 12 of 2004 observing that the petitioner was at liberty to move before the West Bengal State Wakf Board with prayer for maintenance.

(3.) It is this order of the learned Additional Sessions Judge which is under challenge in this application.