RUKSHANA Vs. MOHD. SALIM @ SEEMA

JUDGEMENT

(1.) RUKSHANA has filed this petition to challenge the order of learned Additional Sessions Judge, Sangrur dated September 27, 2001 whereby her claim for maintenance was accepted only till March 26, 1999 and she was denied maintenance thereafter.

(2.) RUKSHANA had originally filed an application under Section 125 Cr.P.C. before the learned Sub Divisional Judicial Magistrate, Malerkotla pleading that she was married to Mohd. Salim on November 13, 1994 according to Mohammedan Law. When she was pregnant her husband asked her to bring a tractor from her parents, she expressed her inability to do so and was turned out of the house. She then started living with her parents and she gave birth to a son named Mohd. Ashraf. Since Mohd. Salim had neglected and refused to maintain Rukshana and her son, the application under Section 125 Cr.P.C. was presented on December 17, 1998.

(3.) THE order of the learned Magistrate dated February 7, 2001 was challenged before the learned Additional Sessions Judge through a revision petition wherein the Learned Additional Sessions Judge came to the conclusion that even if the husband had not been able to establish that the divorce documents had been served on the wife by registered post, the plea of divorce had been taken in the written statement dated March 26, 1999, therefore, that date should be taken as the date of valid divorce between the parties under the Muslim Law. The order of the learned Magistrate granting maintenance was partly set aside and made effective uptil March 26, 1999 and not thereafter as far as the maintenance claim of the wife was concerned. The maintenance claim of the son was upheld and the husband/father's petition was dismissed.