MOHD. RAZAQ Vs. IRFAT BI

JUDGEMENT

(1.) CRR No. 22 of 2015 : The present criminal revision has been filed against judgment dtd. 4/4/2015 passed by the learned Judicial Magistrate 1st Class (JMIC), Mendhar (hereinafter to be referred as 'the trial court') by virtue of which, the petitioner has been directed to pay maintenance of Rs.1800.00 per month to the respondent.

(2.) Briefly stated the facts necessary for disposal of the present revision petition are that the respondent herein had filed a petition under Sec. 488 of Cr.P.C. before the learned trial Court for grant of maintenance on the ground that she had solemnized marriage with the petitioner twenty five years ago according to Muslim personal law and in the year 2004, the petitioner contracted second marriage. Due to second marriage, an altercation started between them and four months thereafter, the respondent was beaten and thrown out of her matrimonial home by the petitioner.

(3.) Petitioner filed his objections to the petition under Sec. 488 Cr.P.C. in which it was stated that he had divorced the respondent on 28/5/2010 after giving her Mehar and returning dowry items to her. Divorce deed was sent to the respondent through registered post. Therefore, she was not entitled to any maintenance. It was also stated that the divorce was pronounced in presence of witnesses and as per Shariat, a Fatwa was also given by Mufti Jalla-lu-din on 27/5/2010 wherein he stated that the divorce had taken place.