Y.R. Meena, J. - (1.) By this petition, the petitioner has prayed that impugned order dated 1.3.1996 passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Cases, Jhalawar and the order dated 31.8.1994 passed by the Addl. Chief Judicial Magistrate, Bhawani Mandi be quashed.
(2.) The respondent Raeesa Bano moved an application Under section 125 Criminal Procedure Code on 30.1.1988 for maintenance allowance to other and for her son. Notice was issued to petitioner. In response to notice the petitioner has stated that divorce has taken place, therefore, no maintenance allowance under Section 125 Criminal Procedure Code can be allowed. One more application was moved by the petitioner that after commencement of Muslim Woman (Protection of Rights on Divorce) Act, 1986, the respondent is not entitled for any maintenance allowance. The facts of divorce has been denied by the respondent. The relevant documents were produced in Court and both the sides produced witnesses in support of their case.
(3.) The matter was heard and after taking into account the material on record and statement of witnesses the trial Court came to the conclusion that though 'talaknama' was prepared on 10.7.1985 but the 'talaknama' came into knowledge of respondent only on 27.7.1988. Therefore, till 27.7.1988 the respondent is entitled for maintenance allowance Under section 125 Criminal Procedure Code. After 27.7.1988 the maintenance will considered in the light of provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986.;