( 1 ) A question of quite considerable importance that falls for determination is whether a maintenance proceeding arising under the Muslim Women (Protection of Rights on Divorce) Act, 1985 (for short the Act) having once been dismissed for default of the petitioner could be restored for adjudication on merit. In the present case, parties are Muslims and are governed by their personal law. Admittedly, opposite party No. 1 being a dvorced woman approached the competent Court claiming maintenance for herself during the Iddat period as also for her minor child as provided in Section 3 of the Act. On the date of hearing she being found absent, the learned Magistrate dismissed the case for default. Thereupon, she moved an application to recall the order of dismissal and to decide the case on merit. Her prayer was allowed and consequently the order was recalled and the case was restored. Aggrieved thereby the petitioner filed a petition to recall the said order. The learned Court below, however, on consent of the parties dismissed the said petition as not pressed, inasmuch as, the parties agreed that the case may be disposed of on merit on the basis of the evidence to be ad