JUDGMENT - M.N. CHANDURKAR, J.:---This petition involves a question relating to the construction of section 127(3)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "new Code").

The facts on which this question arises are not in dispute. The petitioner wife was married to respondent No. 1 husband on 5th February, 1968 and she was divorced by the husband on 7th April, 1974. The husband treating Rs. 50/- per month as proper amount of maintenance sent a sum of Rs. 150/- by insurance letter, being the total amount of maintenance due from him under the personal Muslim Law to the wife. He also sent a sum of Rs. 500/- which was the Mahr amount according to him, by money order. The wife, however, declined to accept this amount. She filed an application under section 125 of the new Code on 15th July, 1974. This application was contested by the husband, according to whom, the petitioner had quarrelled on 7th April, 1974 and she left the house voluntarily and took talak which was given by him on 8th April, 1974. A talaknama was produced by him. He claimed that in view of the provisions of section 127(3)(b) of the new Code he was not liable to pay any maintenance to th

Click Here to Read the rest of this document