SAHERA KHATOON Vs. MAFIJUDDIN AHMED

JUDGEMENT

(1.) The instant revision petition is directed against the judgment and order dated 10-9-2004 passed by the learned Chief Judicial Magistrate, Barpeta in Misc. Case No. M.R. 261 of 2001 whereby and whereunder the petition filed by the petitioner under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short hereinafter referred to as 'the Act, 1986') was dismissed on the ground that the said petition is barred by the provision of subsection (3) of Section 125 of the Cr.P.C.

(2.) Heard Mr. B. Hussain, the learned counsel appearing for the petitioner. None appears for the respondent, even if the name of the learned counsel for the respondent is shown in the cause list.

(3.) The brief facts needed to be discussed are as follows :