ANAYATO Vs. MOHD. IQBAL

JUDGEMENT

(1.) THIS is a revised Revision Petition against the order of the learned Additional Session Judge, Bhatinda, dated 16-7-1981 passed in revision, in proceedings under section 488 of the Code of Criminal Procedure, 1898 (hereinafter referred to as old Code).

(2.) THE facts as gathered from the file are that Mst. Anayato (petitioner) was married to Mohd. Iqbal somewhere in 1963. By that marriage a daughter named Shamim was born on 25th May, 1968. Sometime thereafter husband and wife got estranged. The husband deserted his wife and the minor child. The wife filed an application on 12th October, 1970 under section 488 of the old Code against the husband claiming maintenance for herself and for the minor child at the rate of Rs. 200/- P.M. Vide ex-parte order dated 2nd June, 1971 Judicial Magistrate Ist Class, Bhatinda, passed against the husband, fixed maintenance at the rate of Rs. 40/- and Rs. 20/- respectively for Mst. Anayato and the minor child.

(3.) THE husband filed written statement alleging that he had divorced his wife, Mst. Anayato on 8th September, 1970. It was also pleaded that inspite of the divorce, Mst. Anayato continued claiming herself to be his wife and, therefore, he filed a suit for declaration to the effect that she was not his wife and it was decreed on 29th January, 1972. Thus according to him, Mst. Anayato was not entitled to any maintenance from him. The learned trial Court found that the wife had been validly divorced by the husband in accordance with the Mohammadan-Law. However it held that in view of section 125 of the Code of criminal Procedure, 1973 (hereinafter referred to as the new Code) divorced wife was entitled to maintenance as she had not been remarried. Accordingly, he fixed Rs. 50/- as monthly maintenance for Mst Anayato and Rs. 30/- for Shamim. Feeling aggrieved against that order, Mohd. Iqbal filed revision petition which was heard by learned Additional Sessions Judge, Bhatinda, who accepted it as far as wife was concerned on the ground that the proceedings were to be continued under the old Code and as Mohd. Iqbal had divorced his wife, Smt. Anayato on 8th September, 1970, she was not entitled to any maintenance after the period of iddat. Accordingly, he disallowed the claim of maintenance of the wife but maintained the order of the learned trial Court so far as it related to the grant of maintenance to the minor daughter. Against that order Mst. Anayato has come to this Court.