ABDUL MANNA N vs SAFURAN NESSA

1. M. R. KHAN, J.-The petitioner married the respondent and got a child by that marriage. The respondent made an application under section 488 of the Code of Criminal Procedure for her maintenance and the maintenance of the child. Mr. S. M. Hossain, Magistrate of the First Class, Narayanganj allowed a monthly maintenance of Rs. 40 to the respondent and a further monthly maintenance of Rs. 20 for the child. This order granting maintenance was challenged by the petitioner in Criminal Revision No. 203 of 1970. A learned Single Judge of the High Court of East Pakistan dismissed the criminal revision. The petition for special leave is directed against the order of the High Court.

2. It is contended on behalf of the petitioner that the petitioner's marriage with the respondent was dissolved by divorce and that this dissolution was effected with the consent of the respondent. This plea was also raised before the learned Judge of the High Court, but he found that no notice of the alleged divorce having been given to the Chairman of the Local Union Council under section 7(1) of the Muslim Family Laws Ordinance, the divorce had not become effective. The learned counsel for the petitioner concedes that no notice of the alleged divorce was given to the Chairman as required by section 7(1) of the Muslim Family Laws Ordinance. That being so the alleged divorce, in view of the express provision of subsection (3) of section 7 of the said Ordinance, is yet to become effective. Thus, the view taken by the learned Judge is correct. Accordingly no interference with the order of the High Court is called for. The petition is dismissed: The delay in filing the petition is condoned on the grounds stated in the application for condonation of delay.