( 1 ) THE only question that arises for consideration in this revision petition is whether a Mohammadan wife, aged 15 years, is entitled to initiate action without a next- friend, for maintenance, under section 125 of the Code of Criminal Procedure. The husband is the petitioner before this Court.

( 2 ) THE respondent, who is a divorcee applied to the III Metropolitan Magistrate for an order of maintenance under section 125, criminal Procedure Code, alleging that her husband has refused to maintain her despite his having sufficient means therefor. As the learned Magistrate found on evidence that the respondent was aged only 15 years at the date on which she made the application for maintenance, he rejected her claim on the ground that being a minor, she was not competent to maintain the action unless she is represented by a guardian. This order was however reversed in revision by the learned metropolitan Additional Sessions Judge, hyderabad, and the matter was remanded to the Court of first instance for disposal on merits, as according to him, the mere fact that the respondent was only 15 years of age on the date of her application does not disqualify her from initiating the action

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