ALI MOHAMMAD Vs. MST REHMANI MEO

JUDGEMENT

(1.) THIS is a report by the learned Sessions Judge. Gurgaon, recommending that the order passed by the learned Judicial Magistrate, granting maintenance to Shrimati Rehmani at the rate of Rs. 40/- per mensem and to her three children at the rate of Rs. 20/per mensem with effect from the date of the order should be modified so that Shrimati Rehmani should be granted maintenance at the rate of Rs. 40/- per month from May 31, 1969 to October 11, 1969 and the maintenance to her three children should be granted with effect from May 31, 1969 onwards. The learned Magistrate had granted the maintenance from the date of his order while the learned Sessions Judge has recommended that the maintenance should be allowed to them from the date of the application which is May 31, 1969.

(2.) SHRIMATI Rehmani filed the petition under Section 488 of the Code of Criminal Procedure claiming maintenance for herself and her three children. In reply to

(3.) THE learned Sessions Judge, however, on the basis of various decided cases, has held that the statement in the written statement of the petitioner that he had divorced his wife operates as a divorce and outs an end to the conjugal relationship. In support of his decision, the learned Sessions Judge has relied on Mahomed Hosain v. Ma Pwa Hnit AIR 1920 Low Bur 54 : 21 Cri LJ 503; Tofazel Hoosein v. H. C. Hunt AIR 1930 Cal 711 : 32 Cri LJ 110; Wabab Ali v. Qamro Bi AIR 1951 Hyd 117 : 52 Cri LJ 1299 and Abdul Shakoor v. Smt. Kulsum Bibi 1962 (1) Cri LJ 247 (All ).