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2003 Supreme(MP) 628

A.M.SAPRE, S.L.KOCHAR, N.K.JAIN
Wali Mohammed – Appellant
Versus
Satul Bai Misc. – Respondent


Advocates:
Girish Desai, Deputy Advocate General for State;
H.S. Uberoi. B.L. Pavecha and Jai Singh, amicus curiae.

OPINION

Jain, J. -- 1. All these matters arising out of the proceedings initiated by Muslim wives against their (former) husbands for grant of maintenance allowance or recovery of the amount already awarded, under section 125 of the Code of Criminal Procedure (for short, 'the CrPC'), by the order of Hon'ble the Chief Justice, have been placed before us for resolution of following questions:

(i) Whether the Muslim Woman (Protection of Rights on Divorce) Act, 1986, (for short, 'the Act of 1986'), can be given retrospective effect so as to cover the claim for maintenance instituted by a divorced Muslim Woman under section 125 of CrPC, prior to coming into of the Act of 1986 ?

(ii) Whether a Muslim divorced woman is entitled to institute the proceeding for recovery of arrears of allowance for maintenance u/s 125(3) or 127 of CrPC in respect of the order of maintenance passed u/s 125(1) (a) CrPC prior to the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ?

(iii) Whether a non-divorced Muslim Woman is entitled to continue the proceedings u/s 125(1) (a) CrPC instituted after the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986, if du


























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