( 1 ) THE short question which needs consideration in this revision is whether a proceeding initiated under Section 125,cr. P. C. by a Muslim woman against her husband is maintainable and whether she is entitled for maintenance as provided under the Muslim Woman (Protection of Rights on Divorce) Act, 1986 ("the Act" for short ).

( 2 ) THIS question arises in this revision under the following circumstances :a petition under Section 125, Cr. P. C. is filed by a Muslim woman claiming certain amount of maintenance against her husband - the petitioner herein. An application I. A. III is filed by the petitioner under Section 3 of the Act praying the Family Court to permit her to prosecute the proceedings under Section 125,cr. P. C. with an undertaking that she would not file any other application for grant of maintenance under any other enactment. It is contended on behalf of the husband that in view of the Act, the petition itself is not maintainable. Even if she had sought for consideration under Section 3, the same cannot be entertained by the Court viz. , the Family Court because that Court is not empowered to consider the application under the Act. It is argued on b