Applicant is the former wife of the non-applicant who both are Mahommedans. It is not disputed that the applicant has been divorced by the non-applicant on 3.3.83. The applicant moved an application u/s 123 CrPC before ACJM Barwani, against the non-applicant for maintenance. While the application was still pending, the Muslim Women (Protection of Rights on Divorce) Act, 1986 came into force w.e.f. 19.5.86. The non-applicant-husband thereupon made an application to the Magistrate for closure of the case. His application was rejected by Magistrate by order dated 30.10.86. However, in revision, the learned ASJ, Barwani, by the order impugned has set-aside the order and allowed the said application of the non-applicant-husband.

Section 7 of the Act of 1986 reads as follows :

7. Transitional provisions -- Every application by a divorced women under section 125 or under section 127 of the Code of Criminal Procedure, 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 provisions of this Ac