SHAMSHAD BEGUM Vs. MD. NOOR AHEMAD KHAN

JUDGEMENT

(1.) IS enforcement of the order of maintenance made under Section 125 of the Code of Criminal procedure, 1973 any way affected on coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ? This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.

(2.) FACTS : The Petitioner is a divorced woman who married to the opposite party according to the Muslim law. She filed Criminal Misc. Case No. 253 of 1983 under Section 125 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M., Sambalpur. By order dated 24.4.1985, the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 160/ - per month from 24.4.1985. As the amount was not paid, she filed Execution Case No. 137 of 1990 in the Court of S.D.J.M., Sambalpur for realisation of a sum of Rs. 1920/ - towards maintenance for the period from 30.7.1989 to 30.7.1990. The learned Magistrate after hearing both parties by order dated 20.2.1992 allowed the Execution Case directing the opposite party to pay her the said amount within a period of one month, Against the said order, the opposite party filed Criminal Revision No. 31/30 of 1992 in the Court of the learned Additional Sessions Judge, Sambalpur who by order dated 6.9.1993 set aside the order of the learned Magistrate holding that after coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the order of the learned Magistrate is not enforceable. Hence this revision.

(3.) NOW coming to the facts of the case, admittedly the order of maintenance in favour of the Petitioner was passed prior to the coming into force of the Muslim Divorce Act. In absence of any prohibition in the Muslim Divorce Act that any order of maintenance made under Section 125, Code of Criminal Procedure is not enforceable after coming into force of the said Act, the learned Additional Sessions Judge, Sambalpur clearly erred in law in vacating the order of the learned Magistrate.