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1994 Supreme(Bom) 257

V.P.TIPNIS, A.M.BHATTACHARJEE
Allabuksh Karim Shaikh – Appellant
Versus
Noorjahan Allabuksh Shaikh & another – Respondent


JUDGMENT - BHATTACHARJEE A.M., C.J.:—An application was filed by a divorced Muslim wife and a minor daughter against their husband and father under section 125 of the Code of Criminal Procedure claiming maintenance for each of them. The application has been dismissed so far it related to the claim of the divorced wife, but has been allowed so far it relates to the claim of the minor daughter. The husband/father has filed this appeal challenging the grant of maintenance to the daughter on the ground that no such a application, even by a daughter, is any longer maintainable in view of the provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The application was filed before the Metropolitan Magistrate at Bandra, but the same thereafter stood transferred to the Family Court at Bandra under the provisions of section 8(c) of the Family Courts Act, 1984 and his been disposed of by the Family Court in the manner stated above.

2. Under section 19 of the Family Courts Act, 1984 as it stood before the Family Courts (Amendment) Act, 1991, an appeal could lie to this Court. But as a result of the amendment of 1991, no such appeal is any longer maintainable. The present app











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