SAIYED SADAKAT ALI Vs. SAFIA BANO

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEFLY stated the facts of the case are that respondent Safia Bano filed an application under Section 125 Cr.P.C. in the Court of Additional Chief Judicial Magistrate, Sawaimadhopur for grant of maintenance. Learned Additional Chief Judicial Magistrate, in view of judgment of this Court in Bunti Vs. State of Rajasthan, 2007(2) R.C.C., took a view that divorcee Muslim woman is not entitled to get maintenance under Section 125 Cr.P.C., but she is entitled to get maintenance only under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act of 1986').

(3.) FROM the facts narrated above, it appears that application under Section 125 Cr.P.C. was filed by respondent Safia Bano for grant of maintenance, which was dismissed on the ground that divorcee Muslim woman is entitled for maintenance only under the provisions of the Act of 1986, therefore, application under Section 125 Cr.P.C. is not maintainable. Revisional Court while setting aside the order passed by the Additional Chief Judicial Magistrate, remanded the matter to the Additional Chief Judicial Magistrate, after observing that application under Section 125 Cr.P.C. may be treated as an application under the provisions of the Act of 1986 and matter be decided afresh.