NIRMALJIT KAUR Vs. HARBANS SINGH

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, has been filed by Nirmaljit Kaur for setting aside the order dated 17-2-1987 (Annexure P1) passed by the Judicial. Magistrate Ist Class, Ferozepur, and, the order dated 17-9-1987 Annexure P2) passed by the Additional Sessions Judge, Ferozepur, whereby, the earlier order dated 6.12.1984 passed by the Judicial Magistrate Ist Class, Ferozepur, allowing maintenance to her at the rate of Rs. 200/- per month, was set aside.

(2.) IN brief, the facts of the case relevant for the disposal of this case, are, that on her application the Judicial Magistrate Ist Class, Ferozepur, vide order dated 6.12.1984 granted maintenance at the rate of Rs. 200/- per month in favour of the petitioner-wife and against the respondent-husband under Section 125 of the Code. On the petition moved by the husband under Section 13 of the Hindu Marriage Act, decree of divorce for dissolution of marriage between the parties was passed by the Additional District Judge, Ferozepore, vide order dated 5-5-1986. Thereafter, the husband moved an application under Section 127 of the Code for cancellation of the order of the Judicial Magistrate Ist Class dated 6-12-1984, granting maintenance to the wife. The order granting maintenance was set aside under Section 127 of the Code by the Judicial Magistrate Ist Class, Ferozepore, vide, impugned order dated 17-2-1987, which, was upheld on revision by the Additional Sessions Judge, Ferozepore, vide, his order dated 17-9-1987, mainly on the ground that after divorce the marital lies between the parties had come to an end, the wife had withdrawn from the company of the husband since 1-1-1982.

(3.) IT is well settled that even after grant of decree of divorce, the divorcee-wife is entitled to get maintenance from her husband till she has not re-married in view of Explanation (b) to sub-section (1) of Section 125 of the Code.