WALI MOHAMMED AND Vs. BATULBAI

JUDGEMENT

(1.) ALL THESE matters arising out of the proceedings initiated by Muslim wives against their (former) husbands for grant of maintenance allowance or recovery of the amount already awarded, under Section 125 of the Code of Criminal Procedure (for short, 'the Cr.P.C.'), by the order of Hon'ble the Chief Justice, have been placed before us for resolution of following questions :-

(2.) The first question is referred by a Single Bench of this Court in M.Cr.C. No. 1527/1988, while the remaining questions are referred under a Reference (No. 1/2000) made by the Judicial Magistrate First Class, Manawar. Other matters (M.Cr.C. Nos. 1733/1988, 153/1989, 2001/1990, 1326/1992 and 2141/1993), have been referred by the Division Bench of this Court. Although no specific question as such is formulated by the Division Bench while referring these five matters, however, decision of these cases would also depend on the answers to the questions already extracted hereinabove.

(3.) We have heard learned counsel for parties; Shri Girish Desai, learned Dy. Advocate General; as also learned senior counsel Shri H.S. Uberoi, Shri B.L. Pavecha and Shri Jaisingh, who addressed the Court at our request.