MOHAMMAD SHAFI Vs. HUMAIRA KHATOON

JUDGEMENT

(1.) IN a proceeding under Section 488 of the Code of Criminal Procedure the wife Humaira Khatoon. Opposite party No. 1, was awarded a sum of Rs. 75/- per month and the daughter Shamima Parvin a sum of Rs. 100/- per month by way of maintenance with effect from 1st of July, 1969. Criminal revision filed by the husband petitioner was dismissed. Thereafter the petitioner filed a petition on 20th April. 1970 in the Court of Shri S.M. Ahmad. Magistrate first class, Patna. intimating that he had divorced opposite party No. 1 on the 19th April, 1970. He filed another petition on the 18th September, 1970 saying that opposite party No. 2 had attained puberty according to the Mahomedan Law. On the basis of these two petitions he prayed that he was no longer liable to pay maintenance allowance to any of the two opposite parties. By his order dated the 29th November. 1971 Shri S.M. Ahmad, Magistrate first class. Patna has rejected these two petitions. The present revision application is directed against this order.

(2.) SECTION 279 of Mulla's Principles of Mahomedan Law 16th Edition deals with the subject of maintenance on divorce. It says that after divorce the wife is entitled to maintenance during the period of iddat. If the divorce is not communicated to her until after the expiry of that period, she is entitled to maintenance until she is informed of the divorce.

(3.) NOW as to the maintenance of the daughter, opposite party No. 2. The relevant words of Section 488 of the Code of Criminal Procedure are "refuses to maintain his legitimate child unable to maintain itself."