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1999 Supreme(Bom) 731

G.D.PATIL, A.B.PALKAR
Saira Bano w/o Mohd. Aslam – Appellant
Versus
Mohd. Aslam Ghulam Mustafa Khan Sherwani & another – Respondent


JUDGMENT - A.B. PALKAR, J.:---These two Criminal revision applications have been placed before us by the order of The Honourable the Chief Justice as the learned Single Judge (D.D. Sinha, J.) hearing these petitions found that conflicting views were taken by different Single Judges of this Court in respect of requirement of proving divorce as contemplated by the provisions of Mahomedan Law and the matter is required to be decided by larger Bench.

2. Criminal Revision Application No. 164 of 95 arises out of Misc. Criminal Case No. 64 of 1993 decided by the 2nd Judicial Magistrate, First Class, Akot who allowed the application under section 125, Criminal Procedure Code directing the respondent/husband to pay Rs. 150/- to the applicant/wife and Rs. 75/- each per month to the two children. The order having been challenged before the Sessions Judge, Akola in Criminal Revision No. 211 of 1994, was reversed and the maintenance claim of the wife came to be rejected

3. While resisting the claim of wife, respondent/husband made a statement in the witness box that he has divorced his wife and had sent talaqnama to her by registered post. She refused to accept the same. The envelope containing

















































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