- (1.) THIS application under Section 482, Criminal Procedure Code is directed against the order dated 20. 9. 03 passed by learned Chief Judicial magistrate, Nadia in Misc. Case No. 277 (iv) of 2002 under Section 125, cr. P. C.
(2.) THE petitioner is a divorced wife of the O. P. No. 1. She filed an application under Section 3 of the Muslim Women (Protection of Rights on divorce) Act, 1986 and on 30. 9. 99 the same was disposed of by the Judicial magistrate, 3rd Court, Krishnanagar granting Rs. 101/- as dower, Rs. 500/-per month for maintenance for iddat period. Then the petitioner filed an application under Section 125, Cr. P. C. for monthly maintenance at the rate of Rs. 1,500/- per month from the O. P. No. 1 from the date of application. The said application was rejected by the learned Magistrate on 20. 9. 03 holding that the petitioner has reaped benefit under Section 3 of the Muslim women (Protection of Rights on Divorce) Act and law does not permit her to maintenance under Section 125, Cr. P. C. and she can avail of Section 4 of the said Muslim Women (Protection of Rights on Divorce) Act.
(3.) BEING aggrieved by the said order of the learned Magistrate the wife-petitioner has filed the instant petition for setting aside the impugned order and for hearing the Misc. Case on merit.;