MUNNI BEGAM Vs. ABDUL SATAR

JUDGEMENT

(1.) BOTH these revisions have been referred by the learned single Judge to determine the question whether the maintenance granted to a Muslim wife under the provisions of Sections 125 to 128 of the Code of Criminal Procedure (hereinafter, referred to as the 'Code') can be claimed after the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter, referred to as the 'Act') came into force ?

(2.) THE Act was brought into force by Act No. 25 of 1986 after the judgment of the Supreme Court in the case of Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945. The Supreme Court in this case held that a Muslim woman is entitled to the provisions of Section 125 of the Code. The decision led to some controversy in relation to the obligation of Muslim husband to pay maintenance to the divorced wife. Therefore, the Act was brought into force whereby it was provided that a Muslim divorced woman shall be entitled to a reasonable and fair provision and maintenance within the period of 'iddat' by her former husband and the payment of maintenance by husband was limited.

(3.) IN the stated facts of the case, the maintenance under Section 125 of the Code was awarded before the commencement of the Act. Counsel for the petitioner submitted that after the Act came into force the proceedings for recovery of the maintenance amount under the provisions of Section 128 of the Code are barred. Learned counsel for the petitioner further submitted that the intention for bringing the Act would be frustrated if the order of maintenance is enforced under the provisions of Section 128 of the Code.