MD. MAKAS MIA Vs. PAKEEZA KHATUN

JUDGEMENT

(1.) NONE appears for the parties. It appears that notice was served on opposite party/respondent.

(2.) THIS is a petition on the strength of Section 482 Cr. P.C. with intend to challenge the order of the Family Court passed in Case No. FC (Crl.) 152/96 on 16.8.1996 and 13.12.1996 granting ad -interim maintenance allowance @ Rs. 400 to the opposite party and Rs. 400 to her minor baby under Section 125 Cr.PC from the date of the filing of the application.

(3.) THE present petitioner contested the maintenance proceeding appearing before the Magistrate and placing his written statement on 16.1.1997 submitting that he had divorced the opposite party by manner of pronouncing of three talaks on the ground of respondent/opposite party refusing to live with him and paid a sum of Rs. 29,900 as the amount of Mehar and maintenance for the period of 'Iddat' as required under provision of Section (a), (b) and (c) of the Muslim Women (Protection of Rights of Divorce) Act 1986. That the case of the petitioner and the opposite party/respondent is governed my Muslim Women (Protection of Rights of Divorce) Act, hereinafter called 'the Act' and not under provision of Section 125 Cr.PC and accordingly the order aforementioned of the Family Court was without jurisdiction. That in view of the issue of warrant of arrest for sending him to jail the petitioner had to pay a sum of Rs. 8500 to the opposite party and hence this petition to set aside the impugned orders above mentioned.