IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.971 of 2007 SAIKUN NESSA Versus STATE OF BIHAR & ANR ----------- 6 6.5.2009 The petitioner filed an application under section 125 Cr.P.C. against the respondent for maintenance. After considering the provision of section 5 of the Muslim Women (Protection of Rights on Divorce) Act 1986 the Principal Judge Family Court rejected the application on the ground that it is claimed by the husband in the written statement that he divorced his wife. Learned counsel for the petitioner has cited a decision of the Supreme Court reported in 2002 (7) 518 (Shamim Ara Vs. State of U.P. and another) wherein it is clearly held that “A mere plea taken in the written statement of a divorce having been pronounced some time in the past cannot by itself be treated as effecting talaq on the date of delivery of the copy of the written statement of the wife.” Accordingly the application should not have been rejected without taking evidence. In the aforesaid circumstances I set aside the order of the Family Court and remit the matter back to the trial court. Family Court also shall try for settlement of the matter between the parties. The Family Court shall post the case on 29.6.2009 and both the parties take notice of the posting. The application is allowed. (J.B. Koshy, CJ) M.Rahman