JUDGMENT

KRISHNA IYER, J. :— The last judicial lap of the journey to gender justice made by Fuzlunbi, a married woman just past 30 years and talaqed into destitution, constitutes the compassionate core of this case. The saga of Fuzlunbi, who had earlier secured an order for maintenance in her favour under S. 125 Cr. P. C. which was cancelled under Sec. 127 (3) (b) Cr. P. C., by three courts, tier upon tier in the vertical system, by concurrent misinterpretation of the relevant provision, constitutes the kernel of her legal grievance. If her plea has substance, social justice has been jettisoned by judicial process and a just and lawful claim due to a woman in distress has been denied heartlessly and lawlessly. We say Heartlessly, because no senisitive judge with empathy for the weaker sex could have callously cancelled an order for a monthly allowance already made in her favour, as has been done here. We say lawlessly because no disciplined judge bound by the decision of this Court which lays down the law for the nation under Article 141 of the Constitution could have defied the crystal clear ruling of this court in Bai Tahira v. Ali Hussain Fissalli Chothia (1979) 2 SCC 316 by the