MD TAJUDDIN Vs. QUAMARUNNISSA BEGUM

JUDGEMENT

(1.) The twin questions that arise in this revision are :

(2.) The brief facts in this revision are : The petitioner-husband married the 1st respondent in 1968 and after the 2nd respondent was born ho divorced her in 1971. In the year 1985 the respondents filed petition under Sec. 125 Cr. P. C., for grant of maintenance. Pending that petition the Muslim Women's (Protection of Rights on Divorce) Act (hereinafter referred to as 'the Act') came into force and in July, '87 that petition was allowed by granting maintenance of Rs. 125/- per month to the 1st respondent and Rs. 75/- per month to the 2nd respondent. The contention of the husband is that the order made in July, '87 without observing the transitional provision, viz. Section 7 of the Act, is a nullity. Even otherwise also, it is next contended, as per the Section 3 of the Act the husband is liable to pay maintenance to the divorced women only for the IDDAT period of three months and not beyond that and therefore the maintenance granted is illegal.

(3.) Earlier to the advent of the Act, muslim divorced women used to move the Criminal Court for grant of maintenance under Sec. 125 Criminal Procedure Code, and for its alteration under Section 127 Cr. P. C. Sub-section (3) of Sec. 127 Cr. P. C. provides: