- (1.) Heard learned counsel for the applicant and the learned A.G.A. for the State.
(2.) By the present application, the applicant has challenged the order dated 17.12.2012 passed by the Special Magistrate-II, Jaunpur in Criminal Case No.285 of 2012 by which the preliminary objection of the applicant with regards to the maintainability of the application, under section 125 CrPC, filed by the opposite party no.2, who is a divorced wife of the applicant, has been rejected.
(3.) Brief facts of the case are that the opposite party no.2 for self and for her minor daughter, filed an application, purportedly under section 125 CrPC, against the applicant in the court of CJM, Jaunpur for maintenance alleging that on account of certain disputes, there was a divorce between her and her husband and since 1997 she has been living with her minor daughter separately and has not remarried. It has been alleged that her husband had promised to regularly pay maintenance to her, but that was not paid at all though, she, somehow, managed to make both ends meet by selling her jewellery, etc., whereas now, she is in complete destitution and is unable to meet the expenses, particularly that of her daughter, who is a student in need of funds for pursuing her studies. On this application, the applicant herein filed a preliminary objection to the effect that at the time of divorce there had been a settlement under which the opposite party no.2 was paid Dower and maintenance for the Iddat period and, therefore, the application under section 125 CrPC was barred not only by the provisions of The Muslim Women (Protection of Rights on Divorce) Act, 1986, but also by laches and limitation. By the impugned order the learned Magistrate rejected the preliminary objection and fixed a date for parties to lead evidence.;