KAKA Vs. HASSAN BANO

JUDGEMENT

(1.) THIS revision petition has been filed against the impugned order dated 2-1-1987 whereby the sentence of the present petitioner under Section 125 (3) of the Code of Criminal Procedure (hereinafter referred to as the Code) was extended for non-payment of arrears of maintenance allowance at the rate of Rs. 200/- per month to the respondent wife in the present petition and at the rate of Rs. 75/- per month concerning their minor son from 19-5-1985 to 18-5-1986 along with costs of Rs. 200/ -. In this petition reference has also been made to order dated 30th of January, 1987, whereby, the petitioner husband has paid Rs. 1000/-concerning payment of maintenance allowance to his wife, and, his minor son.

(2.) IN brief, facts relevant for the disposal of this petition are that vide order dated 28-2-1985, Judicial Magistrate 1st Class, Malerkotla, awarded maintenance under Section 125 of the Code at the rate of Rs. 200/-per month to the respondent-wife and Rs. 75/- per month to their minor son with effect from 19th of May, 1983 i. e. , the date of the application. The petitioner-husband however, failed to pay the maintenance and the proceedings for recovery of maintenance from 19-5-1985 to 18-5-86, were filed on behalf of the respondent-wife and the minor son of the parties, on 5tb of April, 1986.

(3.) IN reply, to that petition the stand taken by the husband was that he bad already divorced his wife in the presence of his brother Nikka earlier as well as on 2-1-1987, when, he made a statement in the Court to that effect. It was also alleged on behalf of husband that objection was also raised that since the parties are Muslim and as such by virtue of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as 'the Act'), the respondents were not entitled to any maintenance and the learned trial Magistrate could not extend the sentence of the petitioner-husband under Section 125 (3) of the Code vide order dated 2-1-1987. On the asking of the trial Court the petitioner paid Rs. l,000/-to the respondents on 30-1-1987.