1988 ALL. L. J. 873 ::1988 UP CriR 182 ::(1988) AllCriR 461 ::(1988) All WC 910 ::(1988) 2 DMC 19

Allahabad High Court

Hon'ble Judge(s): V. P. Mathur , J

Criminal P.C. (2 of 1974) , S.12— Muslim Women (Protection of Rights on Divorce, Act (25 of 1986) , S.3— Applicability of both Acts - Muslim woman - Divorce whether @page-ALJ874actually took place and whether before or after commencement of 1986 Act - Are relevant favors for determining applicability of the Act and/or the Cr. P.C. The Muslim Women (Protection of Rights on Divorce) Act, 1986 came into force on May 19, 1986. It means therefore that up to 18-5-1986 whether a woman was or was not divorced, was not a matter of any importance, because in any case she was entitled to maintenance in accordance with the provisions of S. 125. But if it is established that she had been divorced prior to the date i.e. 19-5-86 then with effect from 19-6-1986 the case shall be covered by the provisions of the Muslim Women (Protection of Rights on Divorce) Act 1986. If, however, it is not established that she was divorced prior to 19-5-1986 then up to the date of divorce she will be entitled to maintenance under S. 125 of the Cr. P.C., as the Act, of 1986 is not retrospective in effect. But from the date of divorce action will have to be dealt with in accordance with the provisions of Act of 1986. The third contingency will arise, if evidence shows that the story of divorce is bogus and actually no divorce has been pronounced. In that case the Muslim Women (....