A divorced Muslim wife is entitled to maintenance during the period of Iddat, which is a period of extension of the marriage.

( 1 ) THIS is a reference under section 438, Criminal Procedure Code by the District and Sessions Judge, Adilabad to revise the order of the Munsif-Magistrate bhainsa in M. C. 36 of 1966 passed on an application under section 488, criminal Procedure Code claiming maintenance. The petition was filed by Waheeda Bi (hereinafter referred to as the petitioner), against her husband Khazi Ahmed Mohiuddin (hereinafter referred to as the respondent) alleging that she was the legally wedded wife of the respondent and through him had three sons and one daughter, that the respondent has been habitually illtreating her for the past ten years and had driven her out of the house and she was being maintained by her brother, that when the elders intervened, the respondent gave one of his lands at Naigoan for the purpose of her maintenance, that during the last Ugadi the respondent did not permit her lessee to cultivate and began cultivating the lands himself and was refusing to give anything towards her maintenance also, that he has considerable lands in several villages fetching an income of Rs. 4,000 a year, besides his income of Rs. 500 as a Khazi and a pension of Rs. 22 per month as retired teacher that therefore she is entitled to a maintenance of Rs. 200 per month. Tne respondent in his counter while admitting that the petitioner was his legally wedded wife, alleged that he had divorced her 25 years back due to her indecent moral character, that he was not liable to maintain her and denied the rest of the allegations regarding cruelty, etc.

( 2 ) THE petitioner had examined four witnesses on her behalf. The respondent examined only himself as R. W. 1 on his behalf. While giving evidence, the respondent contended that he had already divorced his wife 25 years ago by pronouncing talaq in the presence of a number of people named by him including the uncle of the petitioner and had also given a document to that effect that he had published it in the newspaper Siasat of 22nd May, 1966, Exhibit P-2, on a petition filed by his son. He further stated : "even now I am again divorcing the petitioner, Talaq Talaq, Talaq. " the Magistrate found on the evidence adduced that the earlier divorce had not been proved, that it has been established that the respondent had neglected to maintain his wife, that however as he has pronounced divorce in Court on 3rd October, 1966, the divorce can take effect only from that date and the petitioner will be entitled to maintenance from the date of petition, 13th July, 1966 upto that date and for further period of four months and ten days being the period of Iddat and fixed the maintenance payable at Rs. 50 per month. Being aggrieved by this order, the Respondent went up in revision before the Sessions Judge, Adilabad and on examining the record, the Sessions Judge found that the divorce had taken effect from the time the counter was filed by the respondent in Court, i. e. , on 19th August, 1966, that the petitioner was therefore entitled to maintenance from that date and not from the date of the petition and for a period of 3 months, thereafter and not for four months and ten days as ordered by the Magistrate and in that view referred this case with his recommendation for altering the period for which the maintenance is payable. The question to be considered is for what period maintenance becomes payable in the circumstances of this case and whether the period for which the maintenance has to be ordered should include the period of Iddat ?

( 3 ) THERE can be no doubt that maintenance will be payable until the date of divorce. The question to be considered is what is the date of divorce in this case ? according to the respondent, he had divorced the petitioner 25 years back in the presence of a number of persons and that there is a document also executed then, that he had subsequently to advertise this fact also in Saisat when his son initiated some proceedings. But under Mohammedan Law, divorce does not

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