MAJ RAUF AHMED Vs. KANWAR ANJAM JAMALI

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) read with Article 227 of the Constitution of India relates to quashment of the order of Sessions Judge, Hissar dated 12.12.1988 whereby revision against the order of Sub Divisional Judicial Magistrate, Hansi, dated 19-1-1988 directing the attachment of 1/3rd salary of the petitioner to the extent of Rs. 4868/- was dismissed.

(2.) IN brief facts relevant for the disposal of this petition, are, that Judicial Magistrate 1st Class Hansi, vide order dated 7th June, 1983 granted maintenance at the rate of Rs. 400/- per month on the application under Section 125 of the Code moved by the present respondent as divorced wife of the present petitioner. Revision filed against the order granting maintenance was dismissed by Sessions Judge, Hissar on 4th August, 1984. Subsequently, the respondent moved an application under Sections 125(3) and 128 of the Code to claim the balance amount of maintenance allowance of Rs. 4868/- due to her upto 31.12.1987. The said application was allowed by Sub Divisional Judicial Magistrate, Hansi vide his ex parte order dated 19-1-1988 whereby 1/3rd salary to the extent of Rs. 4868/- was ordered to be attached. Revision against the said order was dismissed by the Sessions Judge, Hissar, vide his impugned order dtd. 12-12-1988 as already indicated above.

(3.) THE respondent who is a Muslim divorced wife has a right to claim maintenance under Section 125 of the Code in view of the authorities of the apex Court in Mst. Zohara Khatoon v. Mohd. Ibrahim, 1986(2) CLR 213 and Mohd. Ahmed Khan v. Shah Bano Begum and others, AIR 1985 SC 945.