SAKINABAI Vs. FAKRUDDIN

JUDGEMENT

(1.) APPLICANT is the former wife of the non-applicant who both are Mohammedans. It is not disputed that the applicant has been divorced by the non- applicant on 3. 3. 1983. The applicant moved an application under Section 125, Cr. P. C. before A. C. J. M. , Barwani, against the non-applicant for maintenance. While the application was still pending, the Muslim Women (Protection of Rights on Divorce) Act, 1986 came into force w. e. f. 19. 3. 1986. The non-applicant/husband thereupon made an application to the Magistrate for closure of the case. His application was rejected by the Magistrate by order dated 30. 10. 1986. However, in revision, the learned A. S. J. , Barwani, by the order impugned has set aside the order and allowed the said application of the non-applicant/husband.

(2.) SECTION 7 of the Act of 1986 reads as follows :

(3.) IT is thus clear that in respect of a divorced woman if any application under Section 125 or under Section 127, Cr. P. C. is pending on the date when the Act of 1986 came into force, the application has to be disposed of by the Magistrate in accordance with the provisions of the Act. It is not that such an application should be dismissed straightaway but has to be considered and disposed of in conformity with the provisions of the Act not under Section 125 or 127, Cr. P. C.