KEDAR Vs. SAIRA

JUDGEMENT

(1.) THIS petition under section 482 of the Cr. P.C. 1973 (for short "the Code") is directed against the revisional order dated 10.11.1986 passed by the 1st Additional Sessions Judge Mandsaur whereby order dated 6.9.1985 passed by the J.M.F.C. Mandsaur on an application under section 125(1) of the Code vide Misc. Cr. Case No. 14/83 (old No. 3/79) making a monthly allowance for the maintenance of the non -applicant has been maintained.

(2.) CIRCUMSTANCES giving rise to this petition are these. Parties belong to Muslim community and were united in wedlock several years back and there are children born out of this wedlock. The N.A's case is that she is the petitioner's wife.

(3.) THE contention of the petitioner's learned counsel is that the petitioner had divorced the non -applicant some ten years back and in view of the Muslim Women (Protection of Right on Divorce) Act 1986 (for short "the Act") the order passed the Magistrate cannot now be enforced. In support of this submission he has placed reliance on the Patna decision in Md. Yunus's case 1987(11) Crimes 241 wherein it has been held that in absence of any saving clause in the Act, the right and remedy of a divorced woman had been taken away and cannot be enforced.