- (1.) THIS appeal has been directed against the judgment dated 29 -9 -1986 passed by learned Judge, Family Court, Jaipur, allowing an application under Section 125 Cr. P.C. filed by the respondent, and granting her maintenance of Rs. 200/ - per month from 13th August, 1985.
(2.) LEARNED Counsel for the appellant has very vehemently submitted that the appellant had orally divorced his wife on 6 -7 -1985 and had sent two notices in July and August, 1985 which he has filed on record of the Family Court. He has further submitted that even while making his statement before the Family Court, the appellant had stated that he had directed his wife earlier and, therefore, his submission is that even if the divorce has not been proved or the fact of divorce has not been mentioned in the application under Section 125 Cr. P.C. but since he had acknowledged the divorce in his statement before the Family Court, it operates as a declaration of divorce as from the date of his statement and in this connection, he has placed reliance on Asmat Ullah v. Mst. Khatun Unnisa AIR 1939 All 592, Nahab All v. Qamro Bi AIR 1951 Hyderabad 117 and Chanel Bi v. Bandesha : AIR1961Bom121 . On the other hand, learned Counsel for the respondent has submitted that the application under Section 125 Cr. P.C. was filed on 18 -10 -1985 and in the reply to the petition, the appellant never asserted that he had divorced the respondent. He has further submitted that during the pendency of these proceedings, the Muslim Women (Protection of Rights of Divorce) Act, 1986 has come into force on 19 -5 -1986 and the respondent has got rights under that Act as well.
(3.) HAVING given our thoughtful consideration to the whole matter and having gone through the judgment of the Family Court as also record of the cast, we are of the opinion that since under the Mohammedan Law even oral divorce is permissible, and even if oral divorce has not been proved, the statement given by the husband in the Family Court will operate as a declaration of divorce from the date of his statement and the wife is then entitled only to a maintenance for a period of Iddat i.e. for three calendar months from the date of such statement.;