ORAL JUDGMENT : - The petitioner filed Application under section 125 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") in the Court of learned Judicial Magistrate, First Class, Paranda, for separate maintenance. The same was allowed awarding maintenance at the rate of Rs. 200/ - per month.

2. The respondent herein, filed Revision. Learned Addl. Sessions Judge, Osmanabad found that Talaq was communicated by notice, therefore, petitioner is entitled to maintenance of Iddat period only and the amount of mehr. In this view of the matter, Revision was partly allowed. This order dated 21 -2 -1998 has been impugned in the present Revision.

3. The short point which arises for consideration is, whether petitioner is entitled to maintenance even after communication of divorce. Learned counsel for petitioner contends that divorce has not been duly proved, therefore, petitioner is entitled to maintenance under section 125 of the Criminal Procedure Code. It is not in dispute that the factum of divorce was communicated to the petitioner by notice dated 6th February, 1992 (Exhs. 15 and 16). Therefore, the learned Addl. Sessions Judge has come to the conclusion that, at the most, di

Click Here to Read the rest of this document