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1998 Supreme(Mad) 647

S.M.SIDICKK
Saleem Basha – Appellant
Versus
Mrs. Mumtaz Begam – Respondent


Appearing Advocates: R. Narendran, K. Doraisamy, Muthumani Doraisami

Judgment :-

This Criminal Revision is directed as against the order dated 28-11-1995 passed by the District Munsif-cum-Judicial Magistrate, Neyveli, in Crl. M.P. 2922 of 1995.

2. The revision petitioner, who is the husband and the only respondent in this revision is his wife.

3. It is the contention of the revision petitioner/husband that he has divorced his wife, namely, the first respondent in Crl. M.P. No. 2922 of 1995 by "talaq" on 30-11-1992, and he is not liable to pay maintenance for the period subsequent to the divorce on 30-11-1992 except for the Iddat i.e, a period of 4 months 10 days subsequent to the date of divorce, and the fact of divorce was also communicated to the wife. Jamath and the Muthavalli of the Mosque by registered post, and the respondent herein is employed as "Aya" in Javahar School, Thiruvalluvar Road, Neyveli, drawing a monthly salary of Rs. 1, 687.50 and she is no more the wife of the revision petitioner from 30-11-1992 which is the date of divorce, and so the maintenance ordered earlier should be cancelled.

4. The respondent herein, who is the wife of the revision petitioner, filed a counter statement before the trial Magistrate repudiating the averments













































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