SOYAB MOHAMMAD Vs. RASHIDA BANO MUNNI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the order of the Family Court, Ajmer dated January 5, 1994 by which the son Jibrao was granted maintenance at the rate of Rs. 300/ - p.m. from May 28, 1988. The submission of the learned Counsel for the appellant is that in accordance with the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter called the Act) the maintenance of children cannot be claimed after expiry of two years.

(2.) FOR the purpose of appreciating the arguments made on behalf of the learned Counsel for the appellant the provisions of Section 3(1)(b) of the Act on which reliance has been placed are reproduced here which read as under : - -

(3.) SO far as the second question that the amount has been increased to Rs. 300/ - p.m. when by the earlier order it was only Rs. 150/ - p.m. we are of the view that if the order has once been set aside the learned Judge had to apply his mind afresh and the order for even enhanced amount could be passed.