QAZI MOHOMED HANIF Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) THIS is a reference made by the learned Additional Sessions Judge of Greater Bombay under S. 395 (2) of the Code of Criminal Procedure. The reference arises out of proceedings initiated by the Muslim wife under S. 125 of the Code of Criminal Procedure and also out of an application made by the husband under S. 127 (3) (b) of the Code.

(2.) FEW facts ought to be necessarily stated in order to understand the circumstances under which the learned Additional Sessions Judge has made the reference. On 16th of July, 1979, there was a divorce between the wife and the husband who had been married several years earlier. The wife made an application which was treated as Criminal Case No. 915/mn/1979 under S. 125 of the Code of Criminal Procedure, hereinafter referred to as "the Code", for maintenance. On 14th of October, 1980, the Metropolitan Magistrate of Vikhroli passed an order giving maintenance to the wife of Rs. 150/- per month.

(3.) AS is well known, the Muslim Women (Protection of Rights on Divorce) Act, 1986, hereinafter referred to as the Muslim Women Act of 1986, came into force on 19th of May, 1986. The wife made an application for recovering the arrears of maintenance for the period after this Act came into force. This application has been treated as Criminal Case No. 636/n/1986. In these proceedings, the husband made an application under S. 127 (3) (b) of the Code for dismissing the wife's application on the ground that after 19th of May, 1986, the divorced Muslim wife was not entitled to recover any amount by way of maintenance pursuant to any order that might have been passed under S. 125 of the Code.