MOHAMMAD ZAFARUDDIN Vs. SAYEEDA KHATOON

JUDGEMENT

(1.) This revision application is directed against an order passed in a case under section 125 of the Code of Criminal Procedure, 1973 (hereinafter called 'the new Code'), by Shri S. Upadhay, Sub-divisional Judicial Magistrate Patna City, on 10th of June, 1978. By this order, the learned Magistrate has allowed to opposite-party no. 1 a sum of Rs. 200 by way of maintenance for herself and her minor daughter, opposite party no. 2.

(2.) The admitted position that emerges out after arguments of both the parties in this case is that Sayeeda Khatoon (opposite patty no. 1) was divorced by Md. Zafaruddin (petitioner) on 6th of June, 1973 and a deed of talaquenama was also executed. It is further admitted position that at that very time her complete dower-debt was paid to her. This fact finds mention also in paragraphs 19 and 22 of the judgment of the trial court.

(3.) I have already said above that the learned Magistrate has allowed a sum of Rs. 200/- as maintenance, both for wife and daughter. The fact that the petitioner is liable to maintain the daughter is also admitted (vide paragraph 9 of the revision application). Therefore, the only question now that remains to be decided is whether the petitioner is liable to pay maintenance to his divorced wife, even after paying her the dower debt before the institution of the case itself. For a decision on this point, I may first refer to section 125 of the new Code which says (leaving unnecessary details) that if any person having sufficient means neglects or refuses to maintain his wife, a Magistrate of the first class may order payment of monthly allowance for her maintenance. The word "wife" has been defined in the explanation to this section for the purposes of Chapter XIX in which this section finds place. The definition runs as follows : " 'Wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried". This section does not say anything about a wife who has received the dower-debt in accordance with her personal law.