ABDUL MANAZIR KHAN Vs. MARZINA BIBI

JUDGEMENT

(1.) THOUGH this matter has been listed for admission, on the consent of the learned counsel for the parties, the same is taken up for final disposal. Heard Mr. M.K.Das, the learned counsel for the petitioner.

(2.) THE petitioner -husband filed a petition in Crl. Misc. Case No. 196 of 2002 in the Court of learned S.D.J.M., Baripada challenging the maintainability of the Misc. Case on the plea that he has already divorced the opposite party -wife by pronouncing 'Talaq'. According to the petitioner, once Talaq is pronounced, the marriage comes to an end and no maintenance can be granted under Section 125, Cr.P.C. Reliance is also placed on the case of Subnam Ara Bibi @ Subnum Bibi v. Malik Babar Ali : 1999 (I) OLR 376. In the said case the parties belonged to Muslim community and wife was claiming maintenance under Section 125, Cr.P.C. from the husband. The husband had taken a plea of divorce and had challenged the maintainability of the proceeding.

(3.) IN the aforesaid situation, I find no illegality or infirmity in the impugned order requiring interference by this Court in this revision. Accordingly, the revision fails and the same is dismissed. Revision dismissed.