SHAHIDA BEGUM Vs. ABDUL MAJID

JUDGEMENT

(1.) The petitioner and the respondent were wife and husband. The petitioner had moved the learned Magistrate under S. 125 Cr. P.C. against the respondent for award of maintenance for herself and children. On the basis of a compromise, the maintenance of Rs. 100/- per month was awarded by the A.C.J.M. No. 3 Jodhpur, to petitioner and Rs. 100/- each to their children. In compliance of the order, the respondent made certain payments. Thereafter, the payments were stopped. The petitioner then moved the Magistrate under S. 125(3), Cr. P.C. for issue of the warrant for levying the amount due. In the proceeding under S. 125(3), Cr. P.C., the respondent pleaded that he had divorced the petitioner and has paid the maintenance up to the period of Iddat and he is now no more liable to make any payment. The learned A.C.J.M. No. 3 overruled the plea of the respondent. The matter was then carried in revision and the learned Revisional Court of Addl. Sessions Judge allowed the revision petition of the respondent and set aside the order dated 15-4-1988 of the learned Magistrate. Feeling aggrieved thereby, the petitioner had moved this petition under S. 482, Cr. P.C.

(2.) I have heard the arguments of learned counsel for the petitioner only as none appeared for the respondent.

(3.) Learned counsel for the petitioner has contended that the husband-respondent has not divorced the petitioner-wife and, as such, there is no divorce, which may disentitle the petitioner from maintenance. He has further argued that the order of maintenance under S. 125, Cr. P.C. was passed prior to the promulgation of Muslim Woman (Protection of Rights on Divorce) Act, 1986, hereinafter referred to as 'the Act of 1986' and, as such, the order passed under S. 125, Cr. P.C. by the Magistrate remains effective even after coming into force of the Act of 1986.