MUST. RUKIA KHATUN Vs. ABDUL KHALIQUE LASKAR

JUDGEMENT

(1.) THIS is an application under Section 401 of the Code of Criminal Procedure and is directed against an order passed by the Sub -Divisional Judicial Magistrate, Hailakandi, rejecting an application for maintenance filed by the Petitioner (wife) under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter 'the new Code'). The material facts are these:

(2.) THE Petitioner's case is that she was married by the opposite party (husband) about 3 (three) years ago. They lived as husband and wife for about three months where after the husband abandoned and neglected her. She was not provided with any maintenance and was passing her days in penury. She prayed for maintenance of Rs. 150/ - per month from the husband.

(3.) THE Magistrate found that Petitioner had been divorced by the opposite party. He held that as the Petitioner had been divorced before the coming into operation of the new Code, she was not entitled to maintenance and he rejected the application. Hence this application in revision.