MUNEER AHMED Vs. SAFIA MATEEN

JUDGEMENT

(1.) THIS revision petition by an unwilling husband who is not prepared to pay maintenance amount of Rs. 1,000/- awarded in favour of the respondent-wife from the date of the order in Cri. Misc. No. 76/2001 on the file of the Presiding Officer, Family Court, gulbarga and during the pendency of the petition at Rs. 800/- per month.

(2.) THE husband has brought the matter to this Court contending that the claim petitioner before the Family Court was not his wife as he had already divorced her; that in view of the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short "the Act'), the wife-present respondent could not have maintained a petition under section 125 of the Criminal Procedure Code for seeking maintenance, but should have taken recourse to the provisions of only the act and therefore the Family Court is in error in awarding maintenance.

(3.) SRI. Ameet Kumar Deshpande, learned counsel for the petitioner has vehemently urged that the learned Judge of the Family court has fallen into serious error in not noticing the correct legal position as to the provisions under which a divorced Muslim woman can seek maintenance; that it is not open to such a lady to invoke the provisions of Section 1. 25 of the Criminal Procedure code. particularly, on and after the coming into force of the provisions of the Act.