BIBI SHAHNAZ ALIAS MUNNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case a very interesting point of law is involved regarding right of a divorced wife to claim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure.

(2.) The petitioner in this case has challenged the order dated 18-8-1997 passed by the 3rd Addl. Sessions Judge, Darbhanga, in Criminal Revision No. 676 of 1993 whereby the learned Sessions Judge modified the order dated 27-8-1993 passed by the Judicial Magistrate, 1st Class, Darbhanga and allowed the petition of the petitioner so far as it relates to claim of maintenance for the children only.

(3.) The facts relevant for the purpose of deciding this question are that the petitioner in the year 1990 filed a petition against her husband (Opp. party No. 2) under Section 125 of the Code of Criminal Procedure (for short 'Cr. P. C.') stating inter alia that she was married with the opposite party No. 2 in the year 1982 and gave birth to two children. It is stated that although she is legally married wife, but Opp. party No. 2 refused to maintain her and her children. It was alleged that the petitioner is the second wfie of Opp. party No. 2 and first wife has also been seeking relief for maintenance as she has also been neglected by Opp. party No. 2. Opposite party No. 2 filed show cause on 16-11-1991 and took defence that the petitioner did not like to live with him and he divorced her and returned her all articles, utensils and expenses for maintenance during Iddat period. The case of Opposite party No. 2 is that after divorce he is not liable to pay any amount by way of maintenance to the petitioner and her children. Lastly in the show cause Opp. party No. 2 claimed that he got no issue from the petitioner and he has no other sources of income except from monthly salary of teaching.