USMAN KHAN BAHAMANI Vs. FATHIMUNNISA BEGUM

JUDGEMENT

(1.) A Division Bench of this Court while dealing with the question of the right of a divorced woman to claim maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as `the Act') has referred the matter for the Full Bench on certain questions arising about the right of such Muslim divorced women to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred as `the Code') from her former husband even after the enforcement of the aforesaid Act. The Division Bench felt that the matter involves substantial questions of law of general importance having a far-reaching effect and therefore it should be placed before a Full Bench for an authoritative pronouncement on the matter. The questions to be considered by the Full Bench are as follows : (1) Whether a divorced Muslim woman can claim maintenance under Section 125 of the Code from her former husband even after passing of the Act of 1986? (2) Whether the maintenance contemplated under Section 3(1)(a) of the Act of 1986 is restricted only for the period of `Iddat' or whether a fair and reasonable provision has to be made for future also within the period of Iddat? (3) How far Sections 125 to 128 of the Code can be held to be applicable after coming into force of the Act of 1986 and what should be the mode of disposal of the cases pending before the Courts under these Sections?

(2.) The above three questions will therefore have to be considered by this Full Bench in the light of the provisions of the Act of 1986, the principles of Mohammadan Law and the provisions of Sections 125 to 128 of the Code.

(3.) The main question with regard to the right of a divorced Muslim woman for maintenance under Section 125 of the Code from her former husband after passing of the Act of 1986 and deserves to be taken up first for consideration (sic) hinges around Section 3 of the Act. Before going to the intricacies of Section 3 of the Act of 1986, it would be necessary to consider the aims and objects for which the Act of 1986 has been passed.