The Muslim Woman (Protection of Rights on Divorce) Act, 1986 repealed the right of a divorced Muslim woman to get maintenance from her husband under Section 125, Cr.P.C., and an order passed under Section 125, Cr.P.C. in favor of a divorced Muslim woman could not remain effective after the coming into force of the Act of 1986 and was not executable under Section 125(3), Cr.P.C.

D. C. DALELA, J.

( 1 ) THE petitioner and the respondent were wife and husband. The petitioner had moved the learned Magistrate under S. 125 Cr. P. C. against the respondent for award of maintenance for herself and children. On the basis of a compromise, the maintenance of Rs. 100/- per month was awarded by the A. C. J. M. No. 3 Jodhpur, to petitioner and Rs. 100/- each to their children. In compliance of the order, the respondent made certain payments. Thereafter, the payments were stopped. The petitioner then moved the Magistrate under S. 125 (3), Cr. P. C. for issue of the warrant for levying the amount due. In the proceeding under S. 125 (3), Cr. P. C. , the respondent pleaded that he had divorced the petitioner and has paid the maintenance up to the period of Iddat and he is now no more liable to make any payment. The learned A. C. J. M. No. 3 overruled the plea of the respondent. The matter was then carried in revision and the learned Revisional Court of Addl. Sessions Judge allowed the revision petition of the respondent and set aside the order dated 15-4-1988 of the learned Magistrate. Feeling aggrieved thereby, the petitioner had moved this petition under S. 482, Cr. P. C.

( 2 ) I have heard the arguments of learned counsel for the petitioner only as none appeared for the respondent.

( 3 ) LEARNED counsel for the petitioner has contended that the husband-respondent has not divorced the petitioner-wife and, as such, there is no divorce, which may disentitle the petitioner from maintenance. He has further argued that the order of maintenance under S. 125, Cr. P. C. was passed prior to the promulgation of Muslim Woman (Protection of Rights on Divorce) Act, 1986, hereinafter referred to as the Act of 1986 and, as such, the order passed under S. 125, Cr. P. C. by the Magistrate remains effective even after coming into force of the Act of 1986.

( 4 ) THE question of the effect of the provisions of the Act of 1986 on the order of maintenance passed under S. 125, Cr. P. C. and whether the order passed under S. 125, Cr. P. C. remains effective even after coming into force of the Act of 1986, came up for consideration before the Division Bench of this Court in the case Abid Ali v. Mst. Raisa Begum, reported in (1988) (1) Rajasthan I. R 104. After considering the various authorities on the point and the intention with which the Act of 1986 was enacted, the Division Bench observed as under :"40. A comparative look at the provisions contained in Chapter IX of the Code of Criminal Procedure and those contained in the Act, 1986, would show that there is no saving clause provided under the Act, 1986 by which any order passed in favour of the divorced Muslim woman under S. 125 of the Code of Criminal Procedure could bc validated or liability created on the husband in this regard could be held valid or enforceable. 41. Section 125, Cr. P. C. entitles a divorced woman to get maintenance from her husband until she is remarried whereas S. 3 (1) (a) of the Act curtails her right to get maintenance till the period of Iddat. In this view of the matter, S. 125, Cr. P. C. in so far as it hail created a right to a Muslim divorced woman to get maintenance until she is remarried, has been impliedly repealed. 42. Under the Act, 1926, husband who has divorced his wife is not under obligation to pay maintenance to such wife after the period of Iddat and such wife has been given a right to claim maintenance from the persons mentioned in S. 4 of the Act, 1986 after the period of Iddat. So, responsibility is cast upon the person other than husband to pay the maintenance after the period of Iddat. Having lost her right to get maintenance from her former husband after the period of Iddat she has lost her remedy also as provided under S. 125 (3), Cr. P. C. to enforce her said right in case her former husband fails without sufficient cause, to comply with the order of maintenance. Thus, if a divorced Muslim woman files a petition under S. 125 (3