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1988 Supreme(Bom) 153

V.A.MOHTA
Mahaboobkhan @ Babu s/o Faizullakhan – Appellant
Versus
Parveenbanu d/o Mohammed Abdul Rauf & another – Respondent


JUDGMENT - V.A. MOHTA, J.:---Is the Muslim Women (Protection of Rights on Divorce) Act, 1986 (the Act) retrospective in operation is the point that arises in this application. Following is the factual back-ground :

2. The applicant Mahaboobkhan married the non-applicant Parveenbanu on 25th April, 1984. Both are Muslims and were married according to Muslim law. There was a divorce between the two on 8th January, 1985. Parveenbanu applied for maintenance under section 125, Cri.P.C. on 25th January, 1985 in the Court of Judicial Magistrate, First Class, Luxettipet (A.P.), where the marriage was solemnised. By order dated 31st January, 1985 she was granted maintenance at the rate of Rs. 250/-p.m. from the date of the application till the circumstances vary. She filed an application in the Court of judicial Magistrate, First Class, Wani (M.S) (where Mahaboob Khan resides) under sub-section (3) of section 125 read with section 120. Cri.P.C. for issuance of a distress warrant for recovery of maintenance for the period 25th January, 1985 till 21st April, 1986 along with the costs amounting to Rs. 100/-. The said application was resisted by Mahaboobkhan vide reply dated 16th July,




























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