S.P.KHARE
JULEKHA BI, D/o. UMMED ALI – Appellant
Versus
MOHAMMAD FAZAL – Respondent
( 1 ) THIS is a revision by a muslim wife against that part of the order by which it has been held that she is not entitled to maintenance allowance from her husband beyond the period of Iddat after she has been divorced.
( 2 ) PETITIONER No. 1 Julekha Bi applied under Section 125 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) claiming maintenance allowance from her husband Mohammad Fazal. She was his legally wedded wife. By order dated 22-3-1993, the husband was directed to pay Rs. 400/- per month to his wife for her maintenance. The husband complied with this order up to 10-5-1996. He divorced her on 11-5-1996. In the proceeding under Section 125 (3) of the Code instituted by the wife for execution of the original order he filed an application for cancellation of the order on the ground that his wife is not entitled to claim maintenance allowance from him after her divorce. The learned Magistrate rejected the application of the husband but in revision the Sessions Judge has held by the impugned order that the husband is not liable to pay maintenance allowance to his divorced wife after the period of iddat.
( 3 ) IT is contended on beh
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