JUDGMENT - V.A. MOHTA, J.:---This is an appeal under section 19 of the Family Courts Act, 1984 (the F.C. Act). The appellant is the husband - Noor Jamaal. The respondent is the divorced wife - Haseena Bano. Impugned order passed by the Family Court is for payment of reasonable and fair provision and maintenance to the wife and minor daughter Jasmeen, payment of mehr amount to the wife and for delivery of properties, under section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (the MW Act).

2. Crux of the matter is whether the Family Court has jurisdiction to entertain proceedings under the MW Act.

3. The point arises against the following backdrop :

The marriage took place on 25th December, 1983. A female child was born on 5th October 1987. Divorce took place on 25th March, 1988. Wife Haseena Bano filed an application under section 3(2) of the MW Act claiming several reliefs including maintenance for the child on 5th October, 1988 before the Additional Chief Metropolitan Magistrate, Borivli, Bombay. It was registered as Special Application No. 90/MN of 1988. On 16th November, 1988 she filed Misc. Application in the said proceedings repeating her prayer for mainte

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