PRAKASH Vs. JASWANT KAUR

JUDGEMENT

(1.) THE question of law involved in this petition is whether a wife, who has been divorced by her husband and has not re -married, is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973?

(2.) THE salient facts of this case are that Parkash secured a decree for restitution of conjugal rights against his wife Jaswant Kaur on 13th October, 1972. On the basis thereof he, having satisfied the requirement of law, obtained decree for dissolution of marriage against Jaswant Kaur on 3rd October, 1975. The parties did not resume cohabitation. Then on 29th July, 1977, Jaswant Kaur applied under Section 125 of the Code of Criminal Procedure claiming maintenance from Parkash. She succeeded in getting Rs. 50 per month as maintenance by the order of the Judicial Magistrate I Class, Hoshiarpur. The revision petition filed by Parkash was dismissed by the Additional Sessions Judge, Hoshiarpur. Parkash has now preferred the present petition under Section 482 of the Code of Criminal Procedure.

(3.) EXPLANATION (b) to Section 125(1) of the New Code reads: