S ABDUL SALAM Vs. S GOUSIYA BI

JUDGEMENT

(1.) This criminal petition is filed challenging the order dated 25th March 2006 made in Criminal Revision Petition No. 26 of 2004 on the file of V Additional District Judge(Fast Track Court), Nandyal, whereunder and whereby the order of granting maintenance in M.C.No. 1 of 2002 dated 07-5-2004 on the file of the Judicial Magistrate of First Class, Banganapalle was confirmed, modifying the date of payment 'from the date of petition' to that of 'from the date of order'.

(2.) The factual matrix is not in dispute. Respondents 1 to 3 herein filed a petition under Section 125 Cr.P.C. for grant of maintenance each at the rate of Rs. 800/- per month. The said petition was allowed granting maintenance at the rate of Rs. 500/- each of the respondents. However, in respect of second respondent, maintenance was ordered to be paid till her marriage and in respect of third respondent till he attains the age of majority. The said application was treated by the learned District Judge as a petition under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986.

(3.) The only objection raised by the learned counsel for the petitioner herein is that since the first respondent herein, admittedly a divorcee, has to seek redressal under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter in short referred to 'the 1986 Act' forthe purpose of convenience)and Section 125 Cr.P.C. has no application. He fairly stated that as per the minor respondents 2 and 3 are concerned they can as well maintain the application under Section 125 Cr.P.C. as well as under Section 3(1)(a) of the Act 1986. He relied on a decision in Mst. Bilkis Begum @ Jahanara v. Majid Ali Gazi and another.