ABDUL SATTAR Vs. SAHANI BIBI AND ANOTHER

JUDGEMENT

(1.) This is a revision at the behest of the husband-petitioner, who contends that in view of his subsequent divorce, the original order of maintenance passed in favour of the wife @ Rs. 250.00 per month and in favour of the child @ Rs. 150.00 per month would no more be enforceable against him. He filed in the Court below a proceeding under section 127, Crimial P.C. for the said purpose which stood rejected by the learned Judicial Magistrate at Alipore on 10.4.87. The petitioner then moved the learned Sessions Judge in Criminal Motion No. 110 of 1987. The learned Additional Sessions Judge, 9th Court, Alipore dismissed the revision holding inter alia that no such application under section 127, Crimial P.C., would at all be maintainable in the facts and circumstances of the case.

(2.) The learned Additional Sessions Judge was of the view that since no application under section 125 or under section 127, Crimial P.C., was pending at the relevant time when the Muslim Women (Protection of Rights on Divorce) Act, 1986 came into force, and the order of maintenance was passed much earlier, the petition by the husband dated 25.10.86 was not maintainable.

(3.) On the husband having moved the present application under section 401 read with 482, Crimial P.C., in view of the conflict of decisions operating in the field, I referred the matter to the Division Bench by my order dated 28.9.88. By order dated 18.5.89, a Division Bench comprising of Shamsuddin Ahmed and Pabitra Kumar Banerjee, JJ. sought to resolve the conflict and held inter alia as follows : [1989 C Cr LR (Cal) 197 at Pp. 203-204]