SK MAHBOOB BASHA Vs. KARIMUNNISA BEGUM

JUDGEMENT

(1.) These two petitions are filed under Sec. 482 Cr.P.C. to quash the proceedings in Criminal Revision Petition Nos. 41 and 68 of 88 on the file of the Addl. Sessions Court, Nellore.

(2.) The brief facts of the case are : The wife and children of the petiticrer-husband filed a petition under Sec. 125 Cr. P.C. for grant of maintenance before the Magistrate's court at Kavali. The Magistrate while granting matnenance to the children rejected the claim of the wife. Therefore, the wife as well the husband, both filed revisions before the Sessions Court to the extent they were aggrieved. Pending those two revisiona the petitioner filed two petitions to dispose of the revisions in his favour by discharging him from the liability on the ground that the Magistrate without transposing the proceedings initiated under Sec. 125 Cr.P.C. into those under the Muslim Women's (Protection of Rights and Divorce) Act (hereinafter referred to as 'the Act') as directed by Section 7 of the Act disposed of the same. The Sessions Court dismissed those two petitions. Hence these two petitions before this court.

(3.) Admittedly the petition tiled under Sec. 125 Cr.P.C. was disposed of by the Magistrate after the Act came into force, without observing the directions issued by Section 7 of the Act. Section 7 reads as under