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1994 Supreme(Mad) 1079

RENGASAMY
Mrs. Nazimunnissa Begum – Appellant
Versus
Abdul Majeeth – Respondent


Appearing Advocates:For the Petitioner:Hajee P.K. Jamal Mohamed, Advocate. For the Respondent:A. Sirajudeen, Advocate.

Judgment :-

This revision is against the order of the learned Principal Sessions Judge, Trichy, in Crl.R.C. No. 8 of 1992 setting aside the order of the learned Judicial Magistrate No. VI, Trichy in Crl.M.P. No. 4728 of 1990 in the petition filed under Section 128 Code of Criminal Procedure.

2. The parties are Muslims. The revision petitioner was married to the respondent herein in 1978 and the respondent is said to have divorced the petitioner according to Muslim law by pronouncing Talaq in 1985 and also has married a second wife in September 1985. The petitioner filed the petition M.C. No. 12 of 1985 on the file of the judicial Magistrate VI, Trichy, under Section 125 Code of Criminal Procedure for maintenance. The learned Magistrate passed the order on 23-5-1986 allowing the petition for payment of maintenance by the respondent herein at the rate of Rs. 250/- per month. It is pertinent to mention that the Muslim Women (Protection of Rights on Divorce) Act, 1986, (hereinafter to be referred to as Act, 1986) came into force on 19-5-1986 and the order of the learned Magistrate was pronounced four days after the commencement of this Act. The revision against the order of the learned














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