JUDGMENT - S.W. PURANIK, J.:---The applicant wife had instituted proceedings against her husband non-applicant No. 1 Babbu Khan under section 125 of Criminal Procedure Code claiming maintenance from him on the ground that he has refused and neglected to maintain her after divorce and that she was unable to earn her own livelihood.

2. Non-applicant husband contested the proceedings on the ground that there was no ill-treatment meted out to her, that she had voluntarily deserted the husband and that on going to her parent's house she had sent a letter dated 30th October, 1981 whereby she herself demanded a divorce in the form of Khullanama after waiving her claim for dower money and for future maintenance. The non-applicant, therefore, contended that it was in response to her demand that he issued talaqnama dated 3-11-1981 giving her irrevocable divorce. According to the non-applicant therefore, the applicant wife was living separate of her own accord and had waived her right to mehar amount and maintenance. She was, therefore, not entitled to claim maintenance under section 125 Criminal Procedure Code.

3. The proceedings before the trial Court were registered as Criminal Case No. 39 o

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