JULEKHA BI Vs. MOHAMMAD FAZAL

JUDGEMENT

(1.) This is a revision by a muslim wife against that part of the order by which it has been held that she is not entitled to maintenance allowance from her husband beyond the period of Iddat after she has been divorced.

(2.) Petitioner No. 1 Julekha Bi applied under Section 125 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) claiming maintenance allowance from her husband Mohammad Fazal. She was his legally wedded wife. By order dated 22-3-1993, the husband was directed to pay Rs. 400/- per month to his wife for her maintenance. The husband complied with this order up to 10-5-1996. He divorced her on 11-5-1996. In the proceeding under Section 125(3) of the Code instituted by the wife for execution of the original order he filed an application for cancellation of the order on the ground that his wife is not entitled to claim maintenance allowance from him after her divorce. The learned Magistrate rejected the application of the husband but in revision the Sessions Judge has held by the impugned order that the husband is not liable to pay maintenance allowance to his divorced wife after the period of iddat.

(3.) It is contended on behalf of the wife that once an order under Section 125(1) of the Code was passed in her favour, she is entitled to execute it and the provisions made in the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter to be referred to as the Act) do not debar her from enforcing the order which was passed in her favour when the marriage subsisted. On the other hand, it is argued that the right of the wife to claim maintenance from her husband came to an end when she was divorced by him and she cannot get any allowance beyond the period of iddat. The point for determination is whether the order passed under Section 125(1) of the Code in favour of the muslim wife can be enforced even after her divorce by her husband.