K. H. N. KURANGA, J.

( 1 ) THIS petition is by the wife challenging the order dated 21-8-1998 passed by the Family Court, Raichur, in Criminal Miscellaneous No. 49 of 1998.

( 2 ) THE case of the petitioner is that she is the legally wedded wife of the respondent. Both are Muslims by religion and their marriage was solemnized in accordance with Mohammedan Law on 19-6-1982. For a period of two years she lived happily with her husband. Thereafter, it is the case of the petitioner that the respondent started ill-treating, harassing and abusing her. During the year 1984 the respondent drove her away from his house. On account of the intervention of the elders, the respondent took the petitioner with him in the month of October 1984. Again he continued to ill-treat her. In the month of January 1986, the respondent finally drove her away from his house, by then the petitioner was pregnant of five months. Having no other alternative, she had to return to her parents' house and there she gave birth to a son by name mohd. Jaffar on 24-3-1986. The respondent never cared to visit her and her son. The respondent later married another woman at Gulbarga and now he is residing in Arab Mohalla at Raichur. The respondent is employed as a Driver in K. S. R. T. C. and he is earning good salary. The petitioner is not employed anywhere and she has no income of her own. She cannot maintain herself. She requires at least a sum of Rs. 500/- per month towards her maintenance. Therefore, she filed the petition under section 125 of the Cr. P. C. , before the Family Court, Raichur, for grant of maintenance of Rs. 500/- per month.

( 3 ) THE respondent contested the petition by filing objections. The averments made in the objection statement in brief may be stated as follows: the petitioner was the wife of the respondent. But he has divorced her under Muslim Personal Law about one year back and has sent the talaq nama and the Mehar amount and also the maintenance for Iddat period by way of two cheques drawn in her favour. The petitioner received the talaq nama as well as the two cheques sent to her under registered post. Therefore, the divorce is complete and the petitioner is not entitled to be maintained by the respondent and the petition filed by her under Section 125 of the Cr. P. C. , is not maintainable. He has denied all other allegations made against him in the petition filed by the petitioner and thus he prayed for dismissal of the petition filed by the petitioner.

( 4 ) IN support of the case of the petitioner, the petitioner got herself examined as P. W. 1 and got marked 6 documents as Exs. P. 1 to P. 6. In support of the defence taken by the respondent, the respondent got himself examined as R. W. 1 and he examined one more witness, Mohd. Jaffar as R. W. 2 and got marked 6 document's as Exs. R. 1 to R. 6.

( 5 ) THE Court below framed two points for consideration, namely:1. Whether the petitioner proves that she continues to be the legally wedded wife of the respondent and that there was no divorce given by her husband?2. Whether the petitioner is entitled for maintenance as claimed by her?

( 6 ) THE Court below has held that Ex. R. 1 is the copy of the talaq nama, which is in Urdu language and Ex. R. 2 is the postal acknowledgment which bears the LTM of the petitioner for having served the talaq nama with two cheques drawn in her favour containing the Mehar amount and the maintenance amount for the Iddat period. The petitioner has sent a reply through her Counsel which is marked as Ex. R. 3. The petitioner has admitted having been served with the talaq nama dated 4-11-1996 with two cheques drawn in her favour for a sum of Rs. 530/-, the Mehar amount and a sum of Rs. 600/-, maintenance for the iddat period. Under Ex. R. 3 the petitioner has stated that she is not agreeable for the divorce and therefore she is refusing those two cheques. In the reply notice, the petitioner has specifically stated as under: 'that now again you have sent the talaq nam

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