MSSTT. MANJURA BEGUM Vs. ABDULLAH SEKH

JUDGEMENT

(1.) THIS revision petition arises from an order dated 12.2.88 of the Sessions Judge Nagaon made in CM Case No. 81 (N -2) of 1985 setting aside the order of maintenance Under Section 125, CrPC passed by the Judicial Magistrate of the first class Morigaon on 7.5.85 in MR Case No. 34 of 1983.

(2.) MUSSTT Manjura Begum instituted a petition Under Section 125 CrPC against Abdullah Sekh claiming maintenance at the rate of Rs. 300/ - per month on the ground that Abdullah is her husband and he having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself. She gave birth to female child during pendency of the case and claimed another sum of Rs. 300/ - per month for the maintenance of the child. Abdullah contested the case stating, inter alia, that she is not his duly married wife. The trial Court has held that Manjura is legally married wife of Abdullah and ordered Abdullah to make a monthly allowance of Rs. 300/ - for the maintenance of Manjura and Rs. 200/ - for the maintenance of minor child. Being aggrieved by the order of the Magistrate, Abdullah filed a revision petition in the Court of the Sessions Judge. The Sessions Judge set aside the order on the ground that the Manjura has failed to prove the talaknama and therefore, she was not duly married to Abdullab and that the provision Under Section 125, CrPC shall not apply to the present ease in view of the provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Hence this petition.

(3.) ADMITTEDLY , Manjura was once married to another man named Abdul Hannan. Her case is that Abdul Hannan had divorced her and after the divorce she married Abdullah. A talaknama dated 14.12.77 (Ext -3) has been produced to prove the divorce. The learned Sessions Judge has held that the talaknama has not been proved in accordance with law. Since the documentary evidence of the alleged fact of divorce has not been proved, no oral evidence is admissible as an alternative, and, therefore, divorce has not been proved. Since the divorce has not been proved, the subsequent marriage of Manjura and Abdullah was illegal.