(1.)Shamim Ara, the appellant and Abrar Ahmed, the respondent No. 2 were married some time in 1968 according to Muslim Shariyat Law. Four sons were born out of the wedlock. On 12-4-1979, the appellant, on behalf of herself and for her two minor children, filed an application under Sec. 125 Cr.P.C. complaining of desertion and cruelty on the part of respondent No. 2 with her. By order dated 3-4-1993 the learned Presiding Judge of the Family Court at Allahabad refused to grant any maintenance to the appellant on the ground that she was already divorced by the respondent, and hence, not entitled to any maintenance. However, maintenance at the rate of Rs. 150/- per month was allowed for one son of the appellant for the period during which he remained a minor, the other one having become major during the pendency of the proceedings.
(2.)The respondent No. 2 in his reply (written statement) dated 5-12-1990, to the application under Sec. 125 Cr.P.C., denied all the averments made in the application. One of the pleas taken by way of additional pleas is that he had divorced the appellant on 11-7-1987, and since, then the parties had ceased to be spouses. He also claimed protection behind the Muslim Women (Protection of Rights on Divorce) Act, 1986 and submitted that the respondent No. 2 had purchased a house and delivered the same to the appellant in lieu of Mehar (Dower), and therefore, the appellant was not entitled to any maintenance. No particulars of divorce were pleaded excepting making a bald statement as already stated hereinabove.
(3.)The appellant emphatically denied having been divorced at any time. The respondent No. 2, when he appeared in the witness-box, stated having divorced the appellant on 11-7-1987 at 11-00 a.m., in the presence of Mehboob and other 4-5 persons of the neighbourhood. He further stated that since 1988 he had not paid anything either to the appellant or to any of the four sons for their maintenance. The divorce said to have been given by him to the appellant was a triple talaq though such a fact was not stated in the written statement.