#SHAMSHAD BEGUM MD CODE#

It may be seen that there is no provision in the Muslim Divorce Act to the effect that Sections 125 to 128, Cr. P.C pending before a Magistrate on the commencement of the Act shall be disposed of by such Magistrate in accordance with the provisions of the Muslim Divorce Act subject to the exercising of option under Section 5. P.C Section 7 which is a transitional provision lays down that every application by a divorced woman under Section 125 or under Section 127, Cr. Section 5 of the Muslim Divorce Act gives option to both parties to elect to be governed by the provisions of Sections 125 to 128, Cr. On careful consideration of the provisions of the Muslim Divorce Act it would appear that Sections 3 and 4 of the said Act contains a non obstante clause in general terms. The Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as РІР‚Вthe Muslim Divorce ActРІР‚в„ў) has come into force with effect from 19-5-1986. Section 128 empowers a Magistrate to realise the amount of maintenance at any place where the person against whom it is made may be for the time being. Under Section 127 the Magistrate may alter the allowance on proof of a change in the circumstances of the person receiving the maintenance. Section 126 deals with the procedure to be followed by the Magistrate in the maintenance proceeding. Sub-section (3) thereof authorises such Magistrate to realise the amount of maintenance. P.C empowers the Magistrate to grant monthly allowance to a wife, children and parents on proof of neglect or refusal. P.C) consists of four sections and it deals with order for maintenane of wives, children and parents.

#SHAMSHAD BEGUM MD CODE#

Chapter IX of the Code of Criminal Procedure, 1973 (hereinafter referred to as the РІР‚ВCr. 31/30 of 1992 in the Court of the learned Additional Sessions Judge, Sambalpur who by order dated 6-9-1993 set aside the order of the learned Magistrate holding that after coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the order of the learned Magistrate is not enforceable. Against the said order, the opposite party filed Criminal Revision No. The learned Magistrate after hearing both parties, by order dated 20-2-1992 allowed the Execution Case directing the opposite party to pay her the said amount within a period of one month. 137 of 1990 in the Court of S.D.J.M, Sambalpur for realisation of a sum of Rs. As the amount was not paid, she filed Execution Case No. By order dated 24-4-1985 the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 253 of 1983 under Section 123 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M, Sambalpur. The petitioner is a divorced woman who married to the opposite party according to the Muslim law. This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.Р”Сћ. Is enforcement of the order of maintenance made under Section 125 of the Code of Criminal Procedure, 1973 any way affected on coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986?.

Shamshad begum md