1987 Supreme(Raj) 938
N.M.KASLIWAL, FAROOQ HASAN
Abid Ali etc. – Appellant
Versus
Mst. Raisa Begum etc. – Respondent
For the Abid Ali:Mr. M.I. Khan and Mr. K.N. Garg, Advocates.
For the Qamar-uddin and Salim:Mr. Syed Manzoor Ali, Advocate.
For the Mohd Siddique:Mr. Mohd. Gafar Ali, Advocate.
For the Petitioner:Mr. N.A. Naqvi, for Mohd. Hanif and Iqbal Khah, Advocates.
For the Non-Petitioner:Mr. S.M. Khan, Najma, Advocates.
For the Non-Petitioner Abeda Begum:Mr. A.K. Bhandari, Advocate.
For the Intervener:Mr. Dilip Singh, Advocate.
JUDGMENT
1. - An interesting common question of law whether after passing of Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim divorced wife has became disentitled to any maintenance under Section 125, Code of Criminal Procedure, 1973. has arisen in the afore-mentioned cases, six in numbers, (out of which, first one is Criminal misc. petition No. 405/67 - Abid Ali v. Mst. Raisa Begum, under section 482 . Criminal Procedure Code and the rest one are appeals under Section 19 of the 'amity Court Act. 1984) - hence these cases are disposed of by a single judgment.
2. Before entering into the legal controversy involved in the cases, we would like to draw a sketch of the primary facts in seriatim.1. Criminal Misc. Petition No. 405/1987The opposite party, Smt. Raisa Begum. who is said to have married to the petitioner Abid Ali, on April 29, 73 according to the Islamic customs & rites, had moved an application under Section 125, Cr. P.C , the petitioner, Abid Ali, went to Bhihadi in State of Maharashtra-during that period, the petitioner did not care to maintain his wife, Smt. Raisa who was alleged to have been maintained by her brother, Nishar, in the meantime, on April 2
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