ARSHID HUSSAIN BHAT Vs. ASIA JAN

JUDGEMENT

(1.) Petitioner and respondent No. 1 were legally married under Muslim Personal Law. One son namely Aman was born on 7th June 2001 out of the said wed lock. Petition under section 488 Cr.P.C. was filed by the respondent(s) before the Ld trial Court seeking maintenance from the petitioner on the grounds stated in the application. Petitioner filed objections to the said application. Parties were put to trial. Parties lead evidence. During the pendency of the proceedings stand was taken by the petitioner before the Id trial court that respondent No. 1 was divorced on 6th May 2008, as Xerox copy of divorce deed was also placed on record. The petitioner in his statement tendered before Id trial court has stated that he has divorced respondent No. 1 and the divorce deed has been send to her through registered post. One witness namely Haji Gh. Ahmad Kino was produced who has stated that respondent No. 1 has been divorced by the petitioner.

(2.) This petition is filed on the plea that as the respondent No. 1 has been divorced so petitioner is not liable to maintain her.

(3.) Ld counsel for petitioner submitted that as the petitioner divorced the respondent No. 1 on 6th May 2008 which fact he has stated before the court in his statement and is also supported by statement of Haji Gh. Ahmad Kino, the petitioner is not liable to pay maintenance to respondent No. 1 Ld counsel in support of his contention referred to and relied upon case titled Showkat Ahmad Lone v. Mst Mumtaza,2009 2 JKJ 423.