Be it numbered, during the pendency of the criminal case under Section 498 A/34 IPC before the trial companyrt, the appellant filed an application under Section 125 of the Code of Criminal Procedure for short the Code in the Court of Judicial Magistrate First Class, Durg for grant of maintenance on the ground of desertion and cruelty.
While the application for grant of maintenance was pending, divorce between the appellant and the respondent took place on 5.5.1997.
Being grieved by the order number granting maintenance, the appellant filed Criminal Revision No.
188 of 2005.
The learned Magistrate, who was hearing the application preferred under Section 125 of the Code, dismissed the same on 14.7.1999 on the ground that the appellant had number been able to prove cruelty and had been living separately and hence, she was number entitled to get the benefit of maintenance.
As the appellant was meted with cruelty and torture by the husband and his family members regarding demand of dowry, she was companypelled to lodge a report at the Mahila Thana, Durg, on 6.9.1994, on the basis of which a criminal case under Section 498 A read with Section 34 IPC was initiated and, eventually, it was tried by the learned Magistrate at Rajnandgaon who acquitted the accused persons of the said charges.
275 of 1999 and the revisional companyrt companycurred with the view expressed by the learned Magistrate and upheld the order of dismissal.
56 of 1997 under Section 3 of the Muslim Women Protection of Rights on Divorce Act, 1986 for brevity the Act before the learned Judicial Magistrate First Class, Durg.
At that juncture, the appellant filed Criminal Case No.
Dipak Misra, J. Leave granted.
The appellant, Shamim Bano, and the respondent, Asraf Khan, were married on 17.11.1993 according to the Muslim Shariyat law.
