Safia Khatoon vs Kaushar Ali & Ors.

O. P. Pradhan, J.—Smt. Safia Khatoon, who filed a revision before this Court against the judgment and order dated 13111991 passed by the IInd Addl. Sessions Judge, Shahjahanpur, filed a petition under Section 125, Cr. P. C. against her husband, Kaushar Ali for awarding maintenance allowance to her. The IInd Addl. Chief Judicial Magistrate, Shahjahanpur vide his order dated 2861991 awarded the maintenance of Rs. 300 p.m. from the date of the order Kaushar Ali with whom Smt. Safia Khatoon was married pleaded in the written statement filed before the learned Magistrate that he had divorced Smt. Safia Khatoon on 1521989 in the presence of witnesses and had also sent by registered post Talaaq Nama. The learned Magistrate did not accept the evidence adduced in support of the alleged divorce. In the revision the learned Ilnd Addl. Sessions Judge found that the petitioner had divorced the wife and therefore, she was entitled to get maintenance only up to the period of Iddat. Smt. Safia Khatoon has challenged the judgment and order of the learned IInd Addl. Sessions Judge, in the revision filed before this Court.

This court on 2121992, while issuing the notice to the opposite parties had also directed the husband (opposite party No. 1) to pay a sum of Rs. 300 p. m. as maintenance to the revisionist from the date of filing of the application under Section 125, Cr. P. C. The husband (opposite party No. 1) moved for settingaside the interim order dated 21292 passed by this Court, by means of the application dated 381992 supported by an affidavit. A counteraffidavit has been filed on behalf of Smt. Safia Khatoon in relation to the affidavit filed in support of the application for vacating the interim order dated 2121992.

The revision is yet to be decided on merits. It was held in 1967, A. W. R. 217, Chwno Khan v. State, that even if the divorce pleaded in the wriitenstatement filed by the husbaud is not proved, then such a statement of divorce made in the writtenstatement amounts to an expression of divorce by the husband and it operates from that moment. It has not been disputed that divorce was pleaded in the writtenstatement filed by the husband, Kaushar Ali.

In the facts and circumstances, the interimorder dated 2121992 passed by this Court, is hereby vacated.

Sumon the lowercourt record and list for admission on receipt of the lowercourt record. The revision itself is likely to be disposed of on merits on the date of admission itself.