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2000 Supreme(Bom) 845

RANJANA DESAI, J.A.PATIL, A.P.SHAH
Karim Abdul Rehman Shaikh – Appellant
Versus
Shehnaz Karim Shaikh and others – Respondent


JUDGMENT

Smt. RANJANA DESAI, J.:---In this reference we are called upon to decide certain issues, which are very vital to Muslim women. The learned Single Judge of this Court, Justice Bhairavia came to a conclusion that the decision of this Court in (Allabuksh Karim Shaikh v. Noorjahan Allabuksh Shaikh and another)1, 1994 Mh.L.J. 1376 is contrary to the object and spirit of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ("Muslim Women Act" for short). The learned Single Judge was of the view that, and we quote his words: "in the interest of fair justice, this matter requires to be referred to Full Bench for decision." He has stated that having gone through the various authorities, he had noticed that the consistent view of the various courts after coming into force of the Muslim Women Act was that, the Muslim Woman is entitled to claim post iddat period maintenance under section 4 of the Muslim Women Act and not under section 125 of the Criminal Procedure Code ("the Code" for short). According to him he had his own doubts in accepting the ruling in Allabuksh's case (supra). The learned Judge has directed that the matter should be referred to Full Bench.

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