ABDUL MAJID Vs. KAMRUNNISA

JUDGEMENT

(1.) This first revision petition by the husband is directed against the revisional order dated 29-7-88 passed by the V.A.S.J., Indore in Cr. Rev. No. 7/87.

(2.) Circumstances giving rise to this petition are these :- The N.A on 26-7-78 as applicant's undivorced wife filed an application under S.125 of the Code of Criminal Procedure, 1973 (for short the Code') for monthly allowance for her maintenance and the maintenance of her two daughters aged 3 and 5 years. It was stated in the application that on 18-4-1977 the applicant had kicked her out of the matrimonial home and later on 29-10-78 has married another woman.

(3.) The allegations were controverted by the applicant. One of the grounds of contest was that as the N.A. had been divorced on 17-4-77 she is not entitled for the claim in view of the provisions of the Muslim Women's (Protection of Rights on Divorce) Act, 1986 (for short the 'Act').