SHAMSHAD BEGUM Vs. ANWARULHAQ QURESHI

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.