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1988 Supreme(Gau) 33

G.M.LODHA, S.N.PHUKAN
Idris Ali and etc. etc – Appellant
Versus
Ramesha Khatun and etc. etc – Respondent


Advocates Appeared:
A. M. Mazumdar, A. Ahmed, A. Sarif, S. Huda, T. C. Mazumdar and A. Mannan, A. S. Choudhury, S. N. Bhuyan, A. Hai and Advocates General Assam, Nagaland and Meghalaya

Judgement

G.M. LODHA, C. J. : - In this bunch of revision petitions, an important question relating to interpretation of S.7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, for short Act of 1986, has been referred to this Bench by a single Bench. The order dt. 11- 11-87 passed in one such Criminal Revision, viz., Criminal Revision No. 112/87 by the learned Judge runs as follows : - .

"A question of great importance in so far as divorced Muslim Women are concerned has arisen in these cases. The point for consideration is whether the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, shall have application when a divorced woman approaches the Court of a Magistrate for execution of the final order already passed in her favour under S.125 of the Cr.P.C. For this purpose, it would be required to be seen whether S.7 of the aforesaid Act shall have application at the stage of execution of the final order passed under S.125 of the Cr.P.C. Many such cases are said to be pending in different Criminal Courts of this State, and indeed, some are pending before this Court itself. The point is important, and there is no decision of this Court on this point.







































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