UBEDULLA Vs. T NANMUNNISA

JUDGEMENT

(1.) THE short question which needs consideration in this revision is whether a proceeding initiated under Section 125,cr. P. C. by a Muslim woman against her husband is maintainable and whether she is entitled for maintenance as provided under the Muslim Woman (Protection of Rights on Divorce) Act, 1986 ("the Act" for short ).

(2.) THIS question arises in this revision under the following circumstances :

(3.) THE learned Judge of the Family Court in her detailed order rejected the question of maintainability of the petition filed under Section 125, Cr. P. C. on the ground that the Court has yet to decide whether the petitioner was a divorced muslim woman and the maintainability of the petition cannot be decided in the absence of any finding and therefore, directed the petitioner to lead evidence on the main petition including the question of maintainability.