SUBNAM ARA BIBI Vs. MALIK BABAR ALI

JUDGEMENT

(1.) This criminal revision has been preferred by the petitioner against the order dated 19-11-97 in Misc. Case No. 50 of 1997 under S.125, Cr. P.C.of the Court of S.D.J.M.Bhadrak.

(2.) Petitioner claiming to be the legally married wife of the opposite party and alleging ill-treatment, cruelty and desertion and pleading about her incapacity to maintain herself filed the application under S.125, Cr. P.C.for monthly maintenance on the ground that opposite party has sufficient means to maintain her. In her application she stated that their rmarriage was solemnised on 26-4-1994, there was intermittent ill-treatment and cruelty and ultimately in May, 1996 she was compelled to leave the house of opposite party on account of ill-treatment and cruelty. She filed the application under Section 125, Cr. P.C.on 21-3-97.

(3.) Opposite party on receipt of show cause notice entered appearance on 8-5-97 and filed his objection. In that objection denying to the date of marriage and the allegations of ill-treatment and cruelty, opposite party, however, admitted the marriage between the parties and stated that petitioner voluntarily deserted him on 1-6-96 and in spite of several attempts made by him when she did not return, on 10-10-96 he divorced her by uttering the word 'Talak' thrice in customary manner and that he had paid Mehr within one month after the dissolution of marriage and the Iddat was paid on 10-10-96 and that the factum of divorce was intimated to the petitioner on 28-11-96. Accordingly, he pleaded that the application for maintenance under Section 125, Cr. P.C.is not maintainable in view of lack of consent from the opposite party in accordance with the provision in Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, 'the Act').