Law: Criminal Procedure Code (V of 1898)

Section: 488,537,488

(a) Criminal Procedure Code (V of 1898), Ss. 488 & 537¬Proceedings under S. 488 Failure to record definite finding regarding neglect or refusal to maintain wife and child Mere irregularity curable under section 537. In proceedings under section 488, Criminal Procedure Code, 1898, the failure of Magistrate to record a definite finding that the husband had neglected or refused to maintain his wife and child does not amount to an illegality. It is only an irregularity curable by section 537 of the Criminal Procedure Code. (b) Muhammadan Law Maintenance After divorce, irrespec¬tive of its nature, wife entitled to maintenance during period of Iddat. After divorce the wife is entitled to maintenance during the period of Iddat. This principle is not affected by the nature of the divorce, so that even when the divorce is irrevocable from the date of pronouncement, the divorced wife remains entitled to main¬tenance until the period of Iddat has expired. Mulla's Muhammadan Law, 1950 Ed. para 279 ref. (c) Criminal Procedure Code (V of 1898), S. 488 Magistrate has jurisdiction to grant maintenance for period of Iddat In re: Shekhanmian Jehangirmian A I R 1930 Bom. 178 ; Mahomed Nagman v. Zullekhan A I R 1939 Sind 179 and Shah Abu Ilyas v. Ulfat Bibi I L R 19 All. 50 ref. THIS JUDGMENT DELIVERED BY: J. ORTCHESON, JUSTICE:---.--- The facts leading up to this petition for revision are that Mst. Imtiaz Begum, the present respondent, applied under section 488 of the Code of Criminal Procedure for the grant of maintenance to herself and her minor son, Basharatullah, against her husband Azmatullah, the present petitioner, on the ground that he had neglected to maintain them, that he had taken a second wife, and that he had turned Mst. Imtiaz Begum out of his house, thus compelling her to take up residence with her parents. 2. Azmatullah denied having neglected or refused to maintain the respondent and his son, his version being that Mst. Imtiaz Begum had quarrelled with him and gone off to live with her parents of her own free will. She is also alleged to have removed valuables belonging to Azmatullah from his house. 3. During the pendency of the above proceedings, learned…

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