NADEEM Vs. SAJIDA

JUDGEMENT

(1.) AGGRIEVED by the order dated 18.6.2011 passed by the Chief Judicial Magistrate, Jhunjhunu, whereby the learned Magistrate has rejected the petitioner's application for setting aside the proceedings, the petitioner has approached this court.

(2.) THE brief facts of the case are that the petitioner and respondent No.1, Sajida, were married on 18.12.2004 according to the Muslim law, rituals and rites. During their wedlock, two children were born, namely Mohammed Kaif, respondent No.2, and Kumari Sana, respondent No.3. However, as differences arose between the husband and wife, Sajida had no other option but to leave the matrimonial home. Since she was unable to maintain herself and the children, she filed an application under Section 125 CrPC for maintenance on 7.4.2010. THE petitioner, as the respondent in the said case, submitted his reply. Subsequently, he also filed an application as a reply to the interim prayer made by Sajida. In this reply, he clearly pointed out that he had divorced Sajida on 18.12.2010. He further claimed that the information with regard to the divorce was sent to Sajida by registered A.D. However, she refused to accept the same. He further claimed that the information with regard to the divorce was also sent to the concerned Qazi. THErefore, according to the petitioner, Sajida was not even entitled to an interim maintenance. Hence, his prayer that the proceedings under Section 125 be set aside. However, vide order dated 18.6.2011, the learned Magistrate has dismissed the said application. Hence, this petition before this Court.

(3.) FOR the reasons stated above, this court 2. 2010(1) Apex Court Judgments 092 (SC):2010(1) WLC(SC) Cri. 148: 2010 Cr LR (SC) 50. does not find any illegality or perversity in the impugned order. Hence, this petition is devoid of any merit; it is, hereby, dismissed Petition dismissed.