LAWS(GJH)-2013-3-347

FARHAN HAJI GAFAR GUDDA Vs. RIJWANABEN USMANBHAI PATEL

Decided On March 08, 2013
Farhan Haji Gafar Gudda Appellant
V/S
Rijwanaben Usmanbhai Patel Respondents

JUDGEMENT

(1.) In present petition the petitioner has prayed, inter alia, that:

(2.) The petitioner is aggrieved by order dated 19.09.2011 passed by Judicial Magistrate First Class under Section 125 of Code of Criminal Procedure (hereinafter referred to as 'the Code') whereby the learned Magistrate has directed the petitioner to pay Rs.1500/- per month to the respondent towards her maintenance and Rs.500/- towards maintenance of minor son.

(3.) The said order is challenged on a singular and solitary ground that in view of the provisions under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereafter referred to as 'the Act') the provisions under Section 125 of the Code cannot be invoked and applied in case of a divorced Muslim woman and any order directing payment of maintenance to a Muslim woman who is divorced by her husband cannot be passed under Section 125 of the Code.