SAIDALAVI Vs. SAFIA

JUDGEMENT

(1.) The petitioner, husband of first respondent and father of the second respondent seeks to quash the proceedings in M.C. 84/1986 on the file of the Judicial Magistrate of First Class, Tirur.

(2.) The first respondent filed Crl. MC 72/1986 in the same court under S.125 of the Code of Crl. PC on 29-8-1986 claiming maintenance for herself and her child. Then she filed MC 84/1986 for herself under the Muslim Women (Protection of Rights on Divorce) Act. Accordingly by order dated 26-12-1986, the Magistrate awarded maintenance to the child, but not to the first respondent as she preferred to seek her remedies under the Muslim Women (Protection of Rights on Divorce) Act, 1986, shortly called the 'Act', hereinafter

(3.) Petitioner would say, that the application under the Act would not lie, as she bad invoked the provisions of the Criminal Procedure Code in MC 72/1986.