MUNNA KHAN @ ABID Vs. SHAHENABANO

JUDGEMENT

(1.) This revision is directed against the order dated 24.05.2004, passed in Criminal Case No.71/2003, by Family Court, Rewa.

(2.) The challenge is on the ground that the Family Court at Rewa was having no jurisdiction to try such an application filed by the respondent in view of the fact that there is no such provision made under Section 7 of the Family Courts Act, 1984 (hereinafter referred to as "1984 Act") and such applications, if are required to be made under Section 3 of the Muslim Women (Protection of Rights of Divorce) Act, 1986 (hereinafter referred to as "1986 Act") are required to be made before the competent Court having jurisdiction i.e. the Court of Judicial Magistrate. The revision was entertained, notices were issued to the respondent and an interim protection was granted.

(3.) The record of the Court below indicates that the respondent made an application claiming certain amount of 'Meher' from the applicant herein, under Section 3 of the 1986 Act. The said Act prescribe making of such an application before the Judicial Magistrate First Class. However, such an application was made before the Family Court at Rewa, which has been entertained and decided by the said Court.