( 1 ) THIS Criminal revision case gives rise to a short question of law viz , whether the statement or averment made by a Muslim husband In a counter before a Magistrate in an application by the wife for maintenance under section 486 of the Criminal Procedure Code, to the effect that he had already divorced his wife, would amount to a valid divorce at least with effect front the date when the statement or averment was made.

( 2 ) IN order to appreciate the scope of the question, it is necessary to briefly state the material facts which gave rise to the question : The lit respondent herein had married the petitioner about 20 years back. They have a sen and a daughter. The petitioner herein ill-treated and tortured the 1st respondent wife after marrying a third wife. Therefore, she accompanied by her children left her husband s house on 18-9-1971 and resided with one Ghulam Hussain who Is no other than her son through her first husband. Registered notice claiming maintenance for her and her two children was issued by the wife to the husband through a lawyer on 6-12-1971. Thereafter, the 1st respondent an her son and daughter filed M C. No, 2/1972 in the court of the VII