RIAZ AHMED Vs. SURIYA BEGUM

JUDGEMENT

(1.) Question raised in this petition under Sec. 561-A of the Jammu and Kashmir Code of Criminal Procedure, 1989 (for short, the State Code) is; whether a Muslim divorced wife would be entitled to claim maintenance from her divorced husband under Sec. 488 of the State Code?

(2.) A few facts, which are relevant, are these:

(3.) Mr. M.P. Gupta, learned counsel appearing on behalf of the petitioner argued that subsistence of the marriage is essential for lodging a claim under section 488 of the State Code as a divorced wife is not entitled to maintenance from her divorced husband under this provision of law. Per contra Mr. O.P. Thakur, learned counsel appearing on behalf of the respondent supported the view taken by the learned Magistrate and upheld by the learned Sessions Judge.