- (1.)This reference has been made by the learned Sessions Judge, Bijnor recommending that the order granting maintenance Under Section 488 Code of Criminal Procedure to Smt. Shafiqan be modified.
(2.)Smt. Shafiqan was married to Chunnoo Khan. Her case was that she was turned out of the house by the husband and she accordingly filed an application for maintenance Under Section 488 Code of Criminal Procedure on 14-2-1964. On 26-3-1964 a written statement was filed by the husband alleging that he had divorced his wife Smt. Shafiqan in the month of Ramzan before a Panchayat of his Biradari and paid Rs. 25/- by way of dower debt.
(3.)The Magistrate failed to record a definite finding on the question of divorce but held that Smt. Shafiqan being wife of Chunnoo Khan was entitled to recover maintenance from the husband Under Section 488 Code of Criminal Procedure. The learned Sessions Judge was of the view that the Magistrate was in error in refusing to decide as to whether Shafiqan had been divorced by her husband according to Mohammedan Law and if so, whether she could recover maintenance allowance from him. He pointed out that the unequivocal statement made by the husband in the written statement that he had divorced his wife was in itself sufficient to terminate the conjugal relation of husband and wife between Smt. Shafiqan and Chunnoo Khan.