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1991 Supreme(All) 716

S.C.MATHUR, R.K.AGRAWAL
SHAMIM BANO – Appellant
Versus
MOHD ISMAIL – Respondent


S. C. MATHUR, J.

This First Appeal under Section 19 of the Family Courts Act, 1984 (Act No. 66 of 1984) is directed against the judgment and order dated 10th March, 1987 passed by the learned Judge, Family, Court, Luck now refusing to execute the order of maintenance passed in favour of the appellant against the first respondent in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), for short Code, for the period subsequent to May 18,1986 in view of the enforcement of The Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act No. 25 of 1986), for short 1986 Act, with effect from 19th May, 1986.

2. The facts which are not in dispute are as follows:

"the appellant and the first respondent were wife and husband. They are Muslim by religion. There was divorce between the two. The appellant claimed maintenance from the first respondent under Section 125 of the Code which was granted to her by order dated 11th February, 1977. The maintenance allowance was fixed at Rs. 60 per month. The first respondent committed default in payment of the monthly maintenance which led to the % filing of application under Section 125 (3) of the Code by the appel


























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