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1989 Supreme(Ker) 35

CHETTUR SANKARAN NAIR
A. Abdul Gafoor Kunju – Appellant
Versus
Avva Ummal Pathumma Beevi – Respondent


Judgment :-

An order of the Court of Session, Trivandrum enhancing maintenance awarded to a divorced Muslim wife and her daughter, after the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter called 'the Act') came into force is impugned in these proceedings.

2. Maintenance was awarded to the wife and daughter earlier. By M.C. 59/87 they sought enhancement and the Chief Judicial Magistrate, Trivandrum declined the prayer. Additional Sessions Judge, revised the order of the Magistrate and enhanced the amount. The enhancement in favour of the daughter is not challenged, and rightly too.

3. The question for consideration is, whether a Muslim wife is entitled to invoke Section 127 of the Code after 19-5-86, the date on which the 'Act' came into force. Learned Sessions Judge felt that she could. In his view, the Act supplemented the rights enuring to a divorced Muslim wife under section 125 to 128. The reasons for this conclusion, is that there was no repeal of Sections 125 to 128, express or implied. According to him in the absence of repeal, the Act supplemented widened or enriched the contents of rights enuring to the wife under the Code. The Sessions Judge thought















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