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1988 Supreme(Bom) 185

G.G.LONEY
Zahid Ali Imdadali – Appellant
Versus
Fahmida Begum (Smt. ) d/o Akbar Ali & others – Respondent


JUDGMENT - G.G. LONEY, J.:---An important point which falls for determination in this revision is whether a Muslim wife who accrued a vested right to recover the amount of maintenance determined by a Court under section 125 Criminal Procedure Code stands affected by virtue of section 7 of the Muslim Women, (Protection of Rights on Divorce) Act, 1986 hereinafter referred to as "the 1986 Act" if she is subsequently divorced ?. The facts and circumstances which are relevant for the just decision of this case are given in the following paras.

2. There are some admitted facts in this case. They are as under, Applicant Zahid Ali and Shrimati Fahmida Begum were married according to Mohammedan Law. Kumari Rizwana is their daughter born out of the wedlock. That on 14th July, 1986, the parties are divorced under the Mohammedan Law. The marriage was solemnised in the year 1973. The wife applied for maintenance under section 125 Criminal Procedure Code for herself and her minor daughter Rizwana. The proceedings were commenced before the Magistrate vide Criminal Case No. 12 of 1978 and by an order dated 3-11-1982, maintenance @ Rs. 75/- per month was granted to daughter Rizwana and the claim o





















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