( 1 ) THIS is a petition by the husband challenging award of maintenance to non-applicant No. 1 wife and non-applicants Nos. 2 and 3 son and daughter respectively.

( 2 ) THE non-applicants filed a petition under section 125 of the Code of Criminal Procedure, on 5-5- 1986. During the pendency of the petition, the Muslim Women (Protection of Rights on Divorce) Act, 1986 (No. 25/1986) came into force on 19-5-1986. Section 7 of the said Act provides as under: 117 Transitional provision - Every application by a divorced woman under section 125 or under section 127 of the of Criminal Procedure Code, 1973 (2 of 1974), pending before a Magistrate on the commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provision of this Act.

( 3 ) THE Act governs divorced women. Section 7, dealing with transitional provision also, governs an application under section 125 of the Code of Criminal Procedure made by a divorced women which should be pending in the Court on the commencement of the Act. Learned, counsel for both the parties admitted before me that the applicant divorced non-applicant No. 1 by Talaknama dated 14-7-86. That being so on the date of coming into force of the said Act, the non-applicant was not a divorcee. The provision of the Act, therefore, did not govern the present case.

( 4 ) THE petition fails and is accordingly dismissed.

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