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1990 Supreme(Gau) 20

J.M.SRIVASTAVA
Hazi Abdul Khaleque – Appellant
Versus
Mustt Samsun Nehar – Respondent


Advocates Appeared:
J.Mollah, A.B.Choudhary

This revision petition is directed against the orders dated 14.8.89 and 1.9.89 passed by the learned Chief Judicial Magistrate, Goalpara in a maintenance matter.

2. Briefly, the opposite party wife of the petitioner had claimed maintenance from the petitioner which was allowed by order dated 23.8.1984. After the Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred as the 'Act', had come into force the petitioner moved an application dated 1.8.87 with the prayer that after the Act had come into force, he was no longer liable to pay maintenance. It appears that the learned Chief Judicial Magis­trate on the said application, by order dated 3.9.87 held that the petitioner was no longer liable to pay maintenance. The present opposite party went in revision and the learned Sessions Judge by order 23.4.88 remanded the matter to the learned Magistrate for enquiry into certain matters like payment of dower money, return of presents and pay me it of maintenance during the period of 'iddat'.

3. The learned Chief Judicial Magistrate thereafter in order dated 14.8.89 took the view on the authority of Division Bench decision of this Court Idris Ali vs. Ramesha Khatun, AIR












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