JAMSEED Vs. MOHD. AKBAR KHAN

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and perused the impugned order dated 21.8.2001 passed by the learned Chief Judicial Magistrate, Churu refusing to award maintenance u/s. 125 Crimial P.C. on the ground that the petitioner herein is a divorced wife and, as such, she was entitled to maintenance only upto the "iddat" period.

(2.) In my view, the learned Magistrate has not addressed himself on the question of "talaq" in right perspective. He has proceeded on the assumption that "talaq" has taken place between the parties. It is for the husband to establish the factum of "talaq". The procedure for "talaq" has been noticed in a decision of the Apex Court in Shamim Ara Vs. State of U.P Reported in JT 2002(7) SC 520 .

(3.) Consequently, the petition is allowed. The order of the learned Magistrate dated 21.8.2001 is set aside. The learned Magistrate shall decide the application filed by the petitioner u/s. 125 Cr.RC. afresh particularly the question of "talaq" in the light of decision of the Apex Court in Shamim Ara's (supra). The record be sent forthwith. Revision allowed.