REGENT COMPUTRONICS PVT. LTD.

KARIM ABDUL REHMAN SHAIKH Appellant

V/S

SHEHNAZ KARIM SHAIKH Respondents

Referred Judgements :-

SPILLERS,LIMITED V. CARDIFF (BOROUGH) ASSESSMENT COMMITTEE AND PRITCHARD (REVENUE OFFICER) FOR THE CARDIFF ASSESSMENT AREA) [REFERRED TO]
NOOR JAMAAL HABIB MOMIN V. HASINA NOOR JAMAAL [REFERRED TO]
ALLABUKSH KARIM SHAIKH V. NOORJAHAN ALLABUKSH SHAIKH [REFERRED TO]
JAITUNBI MUBARAK SHAIKH V. MUBARAK SHAIKH [REFERRED TO]
KAKA V. HASSAN BANO [REFERRED TO]
MYSORE STATE ELECTRICITY BOARD IN ALL AAPEALS VS. BANGALORE WOOLLEN COTTON AND SILK MILLS LIMITED [REFERRED TO]
METAL BOX COMPANY OF INDIA LIMITED STEEL MAZDOOR SABHA BOMBAY INDIAN OXYGEN LIMITED KAPRA MAZDOOR EKTA UNION ASSOCIATED CEMENT CO LTD VS. THEIR WORKMEN:THEIR WORKMEN:THEIR WORKMEN:THEIR WORKMEN:THEIR WORKMEN:THEIR WORKMEN [REFERRED TO]
FUZLUNBI VS. K KHADER VALI [REFERRED TO]
MOHAMMAD AHMED KHAN VS. SHAH BANG BEGUM [REFERRED TO]
GIRDHARI LAL AND SONS VS. BALBIR NATH MATHUR [REFERRED TO]
ARAB AHMEDBIN ABDULLA VS. ARAB BAIL MOHMUNA SAIYADBHAI [REFERRED TO]
USMAN KHAN BAHAMANI VS. FATHIMUNNISA BEGUM [REFERRED TO]
SAKINABAI VS. FAKRUDDIN [REFERRED TO]
ALI VS. SUFAIRA [REFERRED TO]
K ZUNAIDEEN VS. AMEENA BEGUM [REFERRED TO]
MAHABOOBKHAN ALIAS BABU S O FAIZULLAKHAN VS. PARVEENBANU [REFERRED TO]
SHAIKH BABBU S O SK KHUTBUDDIN VS. SAYEEDA MASARAT BEGUM [REFERRED TO]
MD YUNUS VS. BIBI PHENKANI TASRUN NISA [REFERRED TO]
BIBI SHAHNAZ ALIAS MUNNI VS. STATE OF BIHAR [REFERRED TO]
RAM BAHADUR SINGH VS. MUNESHAR CHAMAR [REFERRED TO]

JUDGEMENT

(1.) IN this reference we are called upon to decide certain issues, which are very vital to Muslim women. The learned single Judge of this court, Justice Bhairavia came to a conclusion that the decision of this Court in Allabuksh karim Shaikh v. Noorjahan Allabuksh shaikh, 1994 Mah. LJ 1376, is contrary to the object and spirit of the Muslim Woman (Protection of Rights on Divorce) Act, 1986 ("muslim Women Act" for short ). The learned single Judge was of the view that and we quote his words "in the interest of fair justice, this matter requires to be referred to Full Bench for decision. " He has stated that having gone through the various authorities, he had noticed that the consistent view of the various Courts after coming into force of the Muslim women Act was that, the Muslim woman is entitled to claim post-iddat period maintenance under Section 4 of the Mulsim women Act and not under Section 125 of the Criminal Procedure Code ("the Code" for short ). According to him, he had his own doubts in accepting the ruling in allabuksh's case (supra ). The learned judge has directed that the matter should be referred to Full Bench.

(2.) IN our opinion, in view of the rule 7 of Chapter I of Part I of the Bombay high Court Appellate Side Rules, 1960, it was not open for the learned single Judge to give any such direction. Rule 7 reads thus:

(3.) THE learned single Judge has formulated the following question which in his opinion requires consideration :

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KARIM ABDUL REHMAN SHAIKH Vs. SHEHNAZ KARIM SHAIKH

Referred Judgements :-

JUDGEMENT

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