SHOWKAT AHMAD LONE Vs. MUMTAZA

JUDGEMENT

(1.) AGGRIEVED by the order passed by the Judicial Magistrate, Sumbal, Sonawari in directing the petitioner to pay maintenance to the respondent present revision petition has been filed.

(2.) APPLICATION under Section 488 Cr.P.C came to be filed before the court below. It was contended by the applicant therein that she is a legally wedded wife of the petitioner and, as such, is entitled to receive maintenance from him. On the other hand the petitioner stated that he has divorced her on 25th of September, 2005. The divorce deed has been sent to the respondent by the registered post and the same also has been published in the newspaper 'Aftab. In essence he states that he has divorced the respondent and is not liable under the Act to pay maintenance to her.

(3.) THE trial court after recording evidence and hearing the parties has found that there has been no valid divorce between the parties and the non applicant -petitioner is liable to pay the maintenance to her.