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

2. The applicant Mahaboob Khan married the non-applicant Parveen Banu on 25th April 1984. Both are Muslim and were married according to Muslim law. There was a divorce between the two on 25th January 1985. Parveen Banu applied for maintenance under section 125, Cr. 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, Cr. P.C. for issuance of a distress warrant for recovery of maintenance for the period 25th January 1985 till 21st April 1986 alongwith the costs amounting to Rs. 100/-. The said application was resisted Mahaboob Khan vide reply dated 16th July 1986 on the groun