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1987 Supreme(Ker) 418

PAREED PILLAY
MOHAMMED HAJI – Appellant
Versus
RUKIYA – Respondent


Judgment :-

1. Revision petitioner who is the husband of the respondent challenges the order in CMP 1939 of 1986 of the Judicial Magistrate of the Second Class, Perinthalmanna. The respondent filed the petition to enforce the order of maintenance in favour of her children and herself. Maintenance was granted at the rate of Rs. 200/- per month to the respondent and Rs. 50/- per month each to the children. This was so ordered by the Sessions Judge. This has become final.

2. Contention of the revision petitioner is that proceedings under S.128 Cr. PC cannot be taken in view of S.7 of the Muslim Women (Protection of Rights on Divorce) Act 1986 (for short the Act). It is clearly untenable as that does not have any application regarding proceedings under S.128 Cr. PC S.7 of the Act contains the transitional provisions. S.7 provides that every application by a divorced woman under S.125 or under S.127 of the Criminal Procedure Code 1973 pending before a Magistrate on the commencement of the Act, shall notwithstanding anything contained in that Code and subject to the provisions S.5 of the Act, be disposed of by such Magistrate in accordance with the provisions of this Act. As the petition

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