1992 CRI. L. J. 1804 ::1992 ALL. L. J. 593 ::1992 UP CriR 231 ::1992 MarriLJ 299 ::1992 (2) RecCriR 371 ::(1992) All WC 401 ::1992 (1) Crimes 1257 ::1992 ALLAPPCAS (Cri) 220

Allahabad High Court

Hon'ble Judge(s): Palok Basu , J

Muslim Women (Protection of Rights on Divorce) Act (25 of 1986) , S.3, S.4, S.7— Application by divorced Muslim woman u/S.128, Cr. P.C. for enforcement of maintenance order passed u/S.125, Cr. P.C. - Application made after coming into force of Act - Not maintainable. @page-CriLJ1805 Criminal P.C. (2 of 1974) , S.125, S.128— On a combined reading of the provisions contained in Ss. 3, 4 and 7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, it transpires beyond doubt that a divorced Muslim Woman cannot maintain her application u/S. 125, Cr. P.C. or under S. 127, Cr. P.C. or even get execution of the order u/ S. 128, Cr. P. C. It is unnecessary to go into the question whether Muslim Woman's Act is retrospective or prospective in its operation, the reason being that once a married Muslim woman assumes the character of a 'divorced woman', the provisions of Cr. P.C. will apply only to the extent permissible u/ S. 4 of the Muslim Women's Act. This may reesult in hardship but then the purpose of the law must be carried to its logical end. Once this is so, a divorced Muslim woman loses her right to enforce an order passed even prior to the enforcement of the Act because of the non obstante clause used in S. 3 as also in S. 7 of the Act. Under the circumstances the opposite party Smt. Latifan could not claim execution of the S. 125 maint....