LAW FOR ALL

Sec.125 Cr.P.C. -vs- Muslim women's Act - pending Divorce was taken place - Wife filed petition for Mehar etc. under Sec.3 of Muslim Women's Act - Magistrate dismissed the M.C. as she failed to prove desertion and allowed petition under Muslim Women's Act - High court ordered maintenance only up to the Divorce in M.C. - Apex court held that The High Court is not correct in opining that when the appellant-wife filed application under Section 3 of the Act, she exercised her option. As the Magistrate still retains the power of granting maintenance under Section 125 of the Code to a divorced Muslim woman and the proceeding was continuing without any objection and the ultimate result would be the same, there was no justification on the part of the High Court to hold that the proceeding after the divorce took place was not maintainable and remanded the matter for fresh disposal = Shamim Bano … Appellant Versus Asraf Khan …Respondent = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41432