I.S.TIWANA, J.

1. The matter is before us on a reference to answer the following question :-

"Whether a wife who has voluntarily surrendered her right to maintenance in divorce proceedings would not be entitled to claim subsequently maintenance allowance under S. 125 of the Code of Criminal Procedure."

It arises from the following facts :-

2 As a result of the proceedings initiated by Ranjit Kaur petitioner under Ss. 12 and 13 of the Hindu Marriage Act, the learned Additional District Judge, Sangrur, vide his order dated 1/06/1987, granted a decree of divorce on the basis of mutual consent of the parties. During those proceedings, she made his statement :-

"I have heard the above statement of respondent and is correct. I cannot live in the house of respondent as wife. Our child resides with respondent for which I have no objection and there is his benefit in living with the respondent. I relinquish my rights to my maintenance and to take child. I can avail the legal remedies for taking my articles back."

Thereafter she filed the present application under S. 125 of the Code of Criminal Procedure on 13-8-1987 claiming maintenance from the respondent at the rate of Rs. 500.00