HAZI ABDUL KHALEQUE Vs. MUSTT SAMSUN NEHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 14-8-89 and 1-9-89 passed by the learned Chief Judicial Magistrate, Goalpara in a maintenance matter.

(2.) Briefly, the opposite party wife of the petitioner had claimed maintenance from the petitioner which was allowed by order dated 23-8-1989 (Sic). After the Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred as the 'Act', had come into force the petitioner moved an application dated 1-8-87 with the prayer that after the Act had come into force, he was no longer liable to pay maintenance. It appears that the learned Chief Judicial Magistrate on the said application, by order dated 3-9-87 held that the petitioner was no longer liable to pay maintenance. The present opposite party went in revision and the learned Sessions Judge by order 23-4-88 remanded the matter to the learned Magistrate for enquiry into certain matters like payment of dower money, return of presents and payment of maintenance during the period of 'iddat'.

(3.) The learned Chief Judicial Magistrate thereafter in order dated 14-8-89 took the view on the authority of Division Bench decision of this court Idris Ali v. Ramisha Khatun, AIR 1989 Gauhati 24 that the petitioner was liable to pay maintenance, even after the Act had come into force because the order for payment of maintenance had been made earlier to the enforcement of the Act. On 1-9-89, the learned Chief Judicial Magistrate further ordered issue of non-bailable warrant of arrest against the petitioner, for detention in civil prison until he paid the maintenance.