Surendra Kumar, J. - (1.) THE revision is taken up in the revised list. Learned Counsel for the revisionist, (Smt. Mugisha Begum) has neither appeared to argue nor sent illness slip. Learned AGA for the State/opposite party No. 1, is present.
(2.) I have gone through the impugned judgment and order dated 29.11.2001 passed by the Family Judge, Moradabad, in Misc. Case No. 84 of 2001, Mohammad Arif v. Smt. Mugisha Begum, under Section 127 Code of Criminal Procedure whereby the said application was allowed. Smt. Mugisha Begum (revisionist herein) was got married to Mohammad Arif, (opposite party No. 2 in the instant revision) on 22.4.1983 according to Muslim Rites and Customs. They resided together and a daughter was born out of their wedlock. After sometimes, the husband started causing cruelty and misbehaving towards the wife due to non -fulfillment of the some dowry demand, therefore, the wife along with daughter used to reside at parental house. Subsequently, the wife moved an application under Section 125 Code of Criminal Procedure in the court of Ist Additional Munsif Magistrate, Sambhal, Mordabad, which was registered as Case No. 24 of 1985. The learned Munsif Magistrate after recording evidence, granted maintenance to the wife at the rate of Rs. 400/ -per month from the date of the order i.e. 1.1.1986 by allowing the application for maintenance ex parte. The husband was directed to make payment of the maintenance allowance. When the husband failed to pay the amount of maintenance, the wife moved an application under Section 125(3) Code of Criminal Procedure in the court of the Family Judge, on 17.8.2000 claiming maintenance of Rs. 70,400/ - at the rate of Rs. 400/ - per month for a period of 176 months and as per the court's order, the said amount was recovered from Rashid Akhtar, who is brother of the husband (Mohammad Arif). Further, it appears from the record that when the aforesaid amount was recovered from his brother Rashid Akhtar, the husband moved an application under Section 127 Code of Criminal Procedure before the Family Court, Moradabad, stating therein that he had divorced his wife Smt. Mugisha Begum with her consent on 5.2.1987 and a compromise deed dated 5.2.1987 was got scribed by Manjoor Ahmed Chisti at Aligarh. The compromise deed was signed by the wife as well as by witnesses.
(3.) THE wife moved an application under Section 125(3) Code of Criminal Procedure in the court claiming the maintenance on the basis of ex parte order dated 1.1.1986 and in those proceedings, the wife admitted the compromise saying that she had obtained divorce and also Mehar expenses of Iddat period etc. Thus, in the proceedings under Section 125(3) Code of Criminal Procedure the divorce was admitted by the wife. The compromise deed was verified and accepted by the court.;