(1.) To question the legality of the judgment and order dated 5.8.2009 passed by the Judge, Family Court, Kailashahar, North Tripura in Criminal Misc. Case No. 35/2009, this petition under section 397/401 of the Cr.PC has been preferred.
(2.) By the impugned judgment and order, the maintenance under section 125 of the Cr.PC as sought from the respondent has been refused holding that the respondent has divorced the petitioner by pronouncing Talak and after divorce, the petitioner is not entitled to get any maintenance, as per provisions of section 125 of the Cr.PC. But, her minor daughter, namely Must. Nazma Begum, is entitled to get maintenance from her father, the respondent in as much as the said minor daughter has been residing with the petitioner.
(3.) The challenge is founded and focused on : (1) whether there is any legal divorce as per the Islamic tenets and (2) whether the divorced woman is absolutely dis-entitled from maintenance under section 125 of the Cr.PC in as much as the Muslim Women (Protection of Rights on Divorce) Act, 1985 has come into force.
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