MOHD SHAFI Vs. BADRUNNISA

JUDGEMENT

(1.) This is a petition by the husband challenging award of maintenance to non-applicant No. 1 wife and non-applicants Nos. 2 and 3 son and daughter respectively.

(2.) The non-applicants filed a petition under section 125 of the Code of Criminal Procedure, on 5-5- 1986. During the pendency of the petition, the Muslim Women (Protection of Rights on Divorce) Act, 1986 (No. 25/1986) came into force on 19-5-1986. Section 7 of the said Act provides as under: 117 Transitional provision - Every application by a divorced woman under section 125 or under section 127 of the of Criminal Procedure Code, 1973 (2 of 1974), pending before a Magistrate on the commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provision of this Act.T

(3.) The Act governs divorced women. Section 7, dealing with transitional provision also, governs an application under section 125 of the Code of Criminal Procedure made by a divorced women which should be pending in the Court on the commencement of the Act. Learned, counsel for both the parties admitted before me that the applicant divorced non-applicant No. 1 by Talaknama dated 14-7-86. That being so on the date of coming into force of the said Act, the non-applicant was not a divorcee. The provision of the Act, therefore, did not govern the present case.