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1961 Supreme(All) 89

W.BROOME
SHAMSHUDDIN – Appellant
Versus
ZAMINA BIBI – Respondent


W. BROOME, J.

( 1 ) THIS criminal revision application is directed against orders passed by the S. D. M. Of chandaul. West (District Banaras) on an application for realisation of maintenance awarded under Section 488, Cr. P. C

( 2 ) THE opposite party Smt. Zamina Bibi granted Rs. 50/- the month as maintenance for herself and her shiee sons by an order dated 37-1-1959. On 27-7-1959 she applied for payment of the arrears that had accrued) but the husband Shamshuddin (the present applicant) pleaded in reply that be had divorced her by means of a notice sent on 20-2-1959. The learned Magistrate came t0 the conclusion that the divorce was not effective until 21-8-1959, when it came to the notice of the wife through tile assertion: made by Shamshuddin in court and he accordingly allowed her maintenance upto 21-11-1959 (. e. Upto 21-8-1959 plus three months to cover the period of iddat ).

( 3 ) ON behalf of the opposite party, Smt. Zamina Bibi, an attempt has been made to argue that the magistrate should have disregarded the divorce altogether. If, is contended that an order awarding maintenance Under Section 488, Cripc can only be varied or discontinued in accordance With the provisions o





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