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1992 Supreme(All) 14

ALOK KUMAR BASU
MOHAMMAD YAMEED – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
M.Zaidi, NARENDRA SINGH, V.K.SHUKLA

ALOK KUMAR BASU, J.

( 1 ) THE short question for consideration in the present criminal revision is as to whether an order u/ S. 125, Cr. P. C. though passed before the coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short the Muslim Womens Act) can still be executed?

( 2 ) IT is undisputed that the opposite party Smt. Latifan was the legally married wife of Mohd. Yameed applicant. On the allegations that the husband had neglected to maintain her as also the child an application u/ S. 125, Cr. P. C. was moved before the Magistrate for herself as also for her child on 16-2-84. The Magistrate after taking evidence directed payment of maintenance allowance to the divorced wife at the rate of Rs. 150. 00 per month. On the further allegation that the husband had not complied with the said order and did not make the payment of the maintenance allowance Smt. Latifan made an application on 24-1-1990 u/ S. 128, Cr. P. C. before the Magistrate concerned for enforcement of the said order. By a well-reasoned judgment dated 28-3-1990 Sri Alok Saxena, the Munsif-Magistrate directed that the enforcement of the order dated 18-7-1985 was to be made only in accord













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