Sudhir Agarwal - (1.) HEARD learned counsel for petitioner and perused the record.
(2.) IT is stated that petitioner and respondent No. 1 were married on 7.6.1972 at village Aurangabad, District Meerut. The marriage was solemnized according to law of Shariyat. Respondent No. 1, however, was divorced by petitioner on 23.3.1979. Thereafter, she filed an application No. 46/11 of 1986 under Section 125 Cr.P.C. claiming that 12 years before she was given talaq by petitioner and thus she should be allowed maintenance at the rate of Rs. 500/- per month. The said application was later on transferred to Family Court and was dismissed on 4.9.1991 on the ground that respondent No. 1 being a divorced lady, the said application initially filed before Munsif Magistrate was not maintainable. Respondent No. 1, thereafter, filed Original Suit No. 696 of 1980 claiming recovery of Nan Nafqa (maintenance) for the past eight months at the rate of Rs. 100/- per month, her Mehar Rs. 32.50 and price of her articles of Jahez valued at the rate of Rs. 6447/-. The suit was initially partly decreed on 8.1.1986 for Rs. 332.50 which included a sum of Rs. 32.50 towards mehar and 300/- towards maintenance of Iddat period of three months. Rest of suit was dismissed. Respondent No. 1 preferred appeal No. 50 of 1987 which was decided on 2.9.1987 and matter was remanded to Trial Court who thereafter, decreed the suit on 7.1.1993 directing for payment of Rs. 5304/- as price of articles of Jehaz. It also observed that plaintiff's suit for mehar and maintenance has already been decreed and that shall form part of the judgment dated 7.1.1993.
(3.) IT is said that petitioner paid the aforesaid amount to respondent No. 1 and the decree was satisfied on 28.10.1994 Thereafter respondent No. 1 filed an application No. 6048/9 of 1994 on 8.8.1994 under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "1986 Act") claiming that she was married to petitioner and after eight years of marriage, she was given divorce. Since financial condition of her family members (parents) is bad and she has no source of income, hence, she be awarded maintenance at the rate of Rs. 3000/- per month for four months and ten days after talaq and Rs. 50,000/- for maintenance of rest of her life. Petitioner filed objection dated 27.10.1994 stating that all the maintenance amount etc. has already been paid to respondent No. 1 pursuant to Original Suit No. 696 of 1980 and, therefore, the claim made afresh in the petition under Section 3 of 1986 Act is not maintainable. He also raised a preliminary objection that 1986 Act is applicable to cases where divorce has taken place after enactment of 1986 Act and application under Section 3 of the said Act was not maintainable in the present case.;