SAYAD NEWAJ ALLI @ NATI Vs. RASIDA BEGUM

JUDGEMENT

(1.) THIS revision is preferred against the order dated 6 -12 -1986 of the S.P.J.M., Sadar, Cuttack, in Criminal Misc. Case No. 127 of 1986, a proceeding under Section 125, Cr.P.C., directing the present petitioner to pay Rs. 200/ - per month to the present opposite party as interim maintenance from the date of the order. The parties are Muslims.

(2.) THE only point that arises for consideration and decision is whether the learned S.D.J.M. had jurisdiction to pass the impugned order.

(3.) THE present petitioner has asserted in the 125, Cr.P.C. proceeding that he had divorced his wife on 27 -2 -1986. The learned counsel for the opposite party disputes this fact and contends that as Title Suit No. 123 of 1986 seeking for divorce is pending in the Court of the Subordinate Judge, it should be held that by the date of impugned order there was no divorce between the parties. On the other hand, the learned counsel for the present petitioner contended that the petitioner had divorced his wife on 27 -2 -1986 and he had filed the suit merely for a declaration to that effect. Once a Muslim woman is divorced, her rights are governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as 'the Act'). So whether at all the present opposite party was divorced by the petitioner and if so on what date, becomes very much material in the present case.