HAZRAN Vs. ABDUL REHMAN

JUDGEMENT

(1.) This petition under S.482 of the Code of Criminal Procedure (for short, 'the Code') raises an important question of law, namely, whether an order of maintenance passed under Sec. 125 of the Code which had become final between the parties before coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act No. 25 of 1986) (for short, the 'Muslim Women Act') survives after coming into force of that Act.

(2.) In order to appreciate the question, the facts of the case may be briefly stated. Mst. Hazran petitioner was married to Abdul Rehman respondent from the wedlock, the petitioner has a daughter Shehnaz. The petitioner was divorced by the respondent. On an application u/s 125 of the Code, learned Magistrate 1st Class, Malerkotla, fixed maintenance at the rate of Rs. 75/- per month for the wife and Rs. 60/- per month for the minor daughter by order Annexure P.1 dated 15-12-1981. This has become final between the parties.

(3.) In October, 1984 the petitioner made an application under S.127 of the Code for enhancement of the maintenance. The application was allowed by the learned Magistrate and the amount of maintenance was enhanced from Rs. 75/- to Rs. 100/- per month regarding the petitioner and from Rs. 60/- to Rs. 100/- per month regarding the minor daughter vide order dated 15-10-1985 Annexure P.2. The husband filed a revision petition against the said order dated 15-10-1985. The learned Additional Sessions Judge, Sangrur by order dated 6-11-1986, allowed the revision petition and held that the application under S.127 of the Code was not maintainable in view of the provisions of the Muslim Women Act. A copy of the order is Annexure P.3.