MAHAMADRAFIK AKBAR BAGWAN Vs. NURBEGAM MAHAMADRAFIK BAGWAN

JUDGEMENT

(1.) THE petitioner by the present petition has challenged the order dated 5th November, 1990 passed by the IInd Additional Sessions Judge, Kolhapur in Criminal Revision Application No. 204 of 1989. By the said judgment the learned Additional Sessions Judge reversed the order of the Judicial Magistrate, First Class, Kagal, dated 6th October, 1989 below Exh. 6 in Miscellaneous Criminal Application No. 5 of 1989.

(2.) THE petitioner and respondent No. 1 were married. The respondent No. 2 is the child from the said marriage. Divorce has been effected between the petitioner and respondent No. 1 on 8th January, 1985. The respondent No. 1 on behalf of herself and her minor daughter had applied under Section 125 of the Cr.P.C. for maintenance by application dated 25th September, 1986 The said application came to be allowed by order dated 2nd June, 1986, Revision Application preferred by the petitioner was dismissed on 30th November, 1989. As the petitioner herein failed to comply with the terms of the order the respondents moved for recovery in terms of Section 128 of the Cr.P.C. It was the contention of the petitioners herein that on coming; into force of the Muslim Women Act, 1986 (hereinafter referred to as Muslim Women Protection Act) the respondents had no locus standi to move the said application without the consent of the petitioner considering the provisions of Sections 5 and 7 of the Muslim Women Protection Act. The learned Magistrate held that in view of Section 7 of the aforesaid Act the order was not enforceable and consequently rejected the application moved by the respondents Nos. 1 and 2 herein. Aggrieved by the said order the Respondents Nos. 1 and 2 herein preferred Criminal Revision Application No. 204 of 1989 which came to be allowed whereby the order of the Magistrate was set aside. The learned Additional Sessions Judge upheld the right of respondents Nos. 1 and 2 to get the order enforced and hence the present petition.

(3.) THE Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred to as the Muslim Women Act came into force with effect from 19th May, 1986. Section 7 of the Act reads as under: 7. Transitional provisions. - Every application by a divorced woman under Section 125 or under Section 127 of the Code of Criminal Procedure, 1973 (2 of 1974), pending before a Magistrate on the commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the provisions of Section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of this Act.