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Madhya Pradesh High Court · body

2003 DIGILAW 1149 (MP)

Shamshad Begum v. Anwarulhaq Qureshi

2003-10-09

S.L.KOCHAR

body2003
JUDGMENT In this petition u/s 482 CrPC the applicant -- wife Shamshad Begum has questioned the orders passed by the learned JMFC, Ratlam and affirmed in revision by the II ASJ, Ratlam in Criminal Revision No. 3/88 vide order dated 14.9.1990. In favour of the applicant -- wife, by order dated 30.3.1976 in Criminal Case No. 80/76, the learned JMFC, Ratlam passed the order of maintenance @ Rs. 150/- per month. This order was challenged by the husband in revision and the same was dismissed with modification in maintenance amount. Thereafter applicant filed an application for recovery of maintenance amount. Against this, the non-applicant/husband filed an objection that in view of the Muslim Women (Protection of Right on Divorce) Act, 1986 (for short "The Muslim Women Act"), the recovery proceedings were not maintainable. This objection was allowed by the trial Court by order dated 4.12.1987 in MJC No. 67/87 and also affirmed in Criminal Revision. Question whether order of maintenance passed in favour of the divorced muslim wife prior to coming into force the Muslim Women Act is enforceable against the husband or not was referred before the Full Bench of this Court and Full Bench has answered this question in para 11 that the provisions of-the Muslim Women Act is neither retrospective in operation nor it will have effect of nullifying the orders already made u/s 125 or 127 of the CrPC ordering a muslim husband to pay maintenance to his divorced wife prior to coming into force of this Act of 1986. In view of this decision of the Full Bench, the order passed by the Courts below do not stand. Therefore, the same are hereby dismissed. The learned JMFC is directed to proceed into Criminal MJC No. 67/87 in accordance with the law for the recovery of maintenance amount in favour of the applicant -- wife. In the result, the petition is allowed in the terms indicated above. Copy of this order be transmitted immediately to the Court below.