ORDER D.P. Uniyal, J. - This reference has been made by the learned Sessions Judge, Bijnor recommending that the order granting maintenance u/s 488 Code of Criminal Procedure to Smt. Shafiqan be modified. 2. Smt. Shafiqan was married to Chunnoo Khan. Her case was that she was turned out of the house by the husband and she accordingly filed an application for maintenance u/s 488 Code of Criminal Procedure on 14-2-1964. On 26-3-1964 a written statement was filed by the husband alleging that he had divorced his wife Smt. Shafiqan in the month of Ramzan before a Panchayat of his Biradari and paid Rs. 25/- by way of dower debt. 3. The Magistrate failed to record a definite finding on the question of divorce but held that Smt. Shafiqan being wife of Chunnoo Khan was entitled to recover maintenance from the husband u/s 488 Code of Criminal Procedure. The learned Sessions Judge was of the view that the Magistrate was in error in refusing to decide as to whether Shafiqan had been divorced by her husband according to Mohammedan Law and if so, whether she could recover maintenance allowance from him. He pointed out that the unequivocal statement made by the husband in the written statement that he had divorced his wife was in itself sufficient to terminate the conjugal relation of husband and wife between Smt. Shafiqan and Chunnoo Khan. 4. Reference was made to the case of Abdul Shakoor v. Smt. Kulsum Bibi and Ors. 1962 (1) CrLJ 247 which followed the dictum laid down in Wahab Ali v. Qamro Bi AIR 1951 Hyd. 117, to the effect that-- Where in a proceeding u/s 488 by a Mohammedan wife against her husband for her maintenance, the husband states in the written statement that he had already divorced his wife and the Court comes to the conclusion that the divorce pleaded is not proved then such a statement in the written statement itself operates as an expression on divorce by the husband and operates as from that moment. 5. This being the legal position under the Mohammedan Law which is applicable to the parties, the wife Smt. Shafiqan would be deemed to have been divorced from 26-3-1964, the date of the written statement. 5. This being the legal position under the Mohammedan Law which is applicable to the parties, the wife Smt. Shafiqan would be deemed to have been divorced from 26-3-1964, the date of the written statement. Under the Mohammedan Law the wife was entitled to receive maintenance from the husband for the period of Iddat, thus she would be entitled to receive maintenance at the rate of Rs. 50/- per month from Chunnoo Khan from 14-2-1964 to 26-6-1964 only. The result therefore is that she is entitled to recover maintenance allowance from 14-2-1964 to 26-6-1964 at the rate of Rs. 50/- p.m. from Chunnoo Khan and I order accordingly. 6. The reference is accordingly accepted.