SYED MD NADEEM ALIAS MOHSIN Vs. STATE

JUDGEMENT

(1.) THE petitioners seek quashing of,

(2.) THE counsel for the petitioners has inter alia contended that the provisions of the Act and at least of Section 23 qua maintenance would not be applicable to Mohammedans owing to Sections 3 & 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. It is also contended that the parties having divorced, cannot be said to be in a domestic relationship for the Act to be attracted. Reliance is placed on A. Sreenivasa Rao Vs. THE State of Andhra Pradesh .

(3.) PRIMA facie it also appears that Muslim Women Act would not come in the way of applicability of the provisions of the Domestic Violence Act to Mohammedans; if it were to be so held, owing to the Hindu Marriage Act, 1955 also containing provisions qua maintenance, Domestic Violence Act would not apply to Hindus also, making the same otiose.