1. - A short but interesting question of law has arisen in this petition under Section 482 Cr. PC filed by Shri Jamaluddin. The controversy raised in the case has assumed a great importance in view of passing of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act).

2. The facts of the case in narrow compass are that the petitioner Jamaluddin was married to Mst. Lalli, non-petitioner and both are governed by Mahomedan Law. Smt. Lalli submitted an application on July 18, 1985 under Section 125 Cr. PC, against the petitioner for grant of maintenance allowance to herself and her two children. Out of two children, one is daughter aged 12 years and another is son aged 10 years. According to Mst. Lalli, the parties were married 20 years back and the afore-mentioned two children were born during the lawful wedlock between the parties. The attitude of the petitioner Jamaluddin was cruel towards her and she was turned out of their matrimonial home. Smt. Lalli thereafter, was maintaining herself and her children by borrowing and she had no means of livelihood. She also went to her in-laws house on July 5, 1985, in the village of petitioner