JALIL Vs. REHANA BEGAM

JUDGEMENT

(1.) This revision is directed against the order passed by the 4th Joint Civil Judge Junior Division and Judicial Magistrate, first Class, Bhandara on 14.9.1987 rejecting the application of the present petitioner for dismissal of the Miscellaneous Criminal Case No. 68 of 1985 pending before the Civil Court.

(2.) The present respondent Smt. Rehana Begum is the wife of the petitioner Jalil. The marriage still subsists. Rehana Begam filed an application against her husband Jalil under Sec. 125 of the Code of Criminal Procedure before the Judicial Magistrate, first Class, Bhandara vide Misc. Criminal Case No. 68 of 1985. During the pendency of that case, the husband filed an application that the case is not maintainable in view of the passing of the Muslim Women's (Protection of Rights and Divorce) Act, 1986 (hereinafter referred to as Act No. 25 of 1986).

(3.) The learned Magistrate on hearing both the sides passed a considered order rejecting the preliminary objection regarding the maintainability. It is this order which has been challenged in this revision.