KARIM ABDUL REHMAN SHAIKH Vs. SHEHNAJ KARIM SHAIKH

JUDGEMENT

(1.) THIS petition is preferred against the order of awarding maintenance dated 5-5-1995 passed under section 125 of the Criminal Procedure Code by the Family Court, Pune, in Petition E.No.652 of 1994.

(2.) THE petition in the Family Court was filed by respondent no.1, a divorced Muslim woman, under section 125 of the Criminal Procedure Code for maintenance. The Family Court has allowed the said application, and awarded maintenance to respondent no.1- wife and her two minor children. Mr.Mulla, learned Counsel for the petitioner-husband, has submitted that the aforesaid ruling is contrary to the object and spirit of the Muslim Women (Protection of Right of Divorce) Act, 1986, under which Act, the right of a divorced Muslim woman to claim maintenance from her former husband under section 125 of the Criminal Procedure Code for the post-iddat period, has been repealed. Therefore, if she wants to claim post-iddat period maintenance, she has to apply under section 4 of the said Act before the learned Magistrate. In the instant case, application under section 125 of the Criminal Procedure Code was filed before the Family Court and the Family Court, relying on the ruling of this Court in Allabuksh Karim Shaikh Vs. Noorjahan Allabuksh Shaikh and another, reported in 1994 M.L.J 1376, allowed the said application. This Court in paragraph 8 of its said judgment has observed thus:

(3.) HOWEVER , since the execution of the order granting maintenance passed by the Family Court is stayed pending this petition, respondent No.1-wife is not getting anything towards maintenance from the petitioner-husband. In my view, pending the reference, respondent no.1-wife should not be kept without any maintenance. In view of this, it is ordered that the said stay is vacated and the petitioner-husband is directed to pay the maintenance as per the order of the Family Court till the Full Bench decides the aforesaid issue. However, the order regarding maintenance awarded to the children is confirmed. Certified copy is expedited.