Janak Raj Kotwal, J.

Question raised in this petition under Section 561-A of the Jammu and Kashmir Code of Criminal Procedure, 1989 (for short, the State Code) is; whether a Muslim divorced wife would be entitled to claim maintenance from her divorced husband under Section 488 of the State Code?

2. A few facts, which are relevant, are these :

(i) On 3-4-2008, Suriya Begum, herein respondent, filed an application against Riaz Ahmed, herein petitioner, for receiving maintenance allowance from him under Section 488 of the State Code. The petitioner pleaded before the learned Magistrate that respondent is not his wife as their marriage has been dissolved vide a Divorce Deed executed on 6-7-2007. After inquiry the Magistrate disposed of the application vide his order dated 31-10-2011. Learned Magistrate held that factum of divorce having taken place on 6-7-2007 was proved and took up the question as to whether, 'Muslim divorcee is entitled to claim maintenance from her divorced husband or not.' Learned Magistrate relied upon Supreme Court judgment in Shabana Bano v. Imran Khan, AIR 2010 SC 305 : (2010 Cri LJ 521), allowed the application and directed the petitioner to pay monthly ma