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Judgment
N.K. Jain, J.—Applicant is the former wife of the non-applicant who both are Mohammedans. It is not disputed that the applicant has been divorced by the non- applicant on 3.3.1983. The applicant moved an application u/s 125, Cr. P.C. before A.C.J.M., 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. 19.3.1986. The non-applicant/husband thereupon made an application to the Magistrate for closure of the case. His application was rejected by the Magistrate by order dated 30.10.1986. However, in revision, the learned A.S.J., 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 woman u/s 125 or u/s 127 of the Code of Criminal Procedure, 1973 (2 of 1974), pending before a Magistrate or 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 Act."
It is thus clear that in respect of a divorced woman if any application u/s 125 or u/s 127, Cr. P.C. is pending on the date when the Act of 1986 came into force, the application has to be disposed of by the Magistrate in accordance with the provisions of the Act. It is not that such an application should be dismissed straightaway but has to be considered and disposed of in conformity with the provisions of the Act not u/s 125 or 127, Cr. P.C.
In the light of the aforesaid legal position, I allow this revision in part and modify the impugned order of the learned A.S.J. and direct that the case shall now go back to the A.C.J.M., Barwani for deciding the applicant''s application for maintenance in accordance with the provisions of the Act of 1986.
Copy of this order be transmitted immediately to the A.C.J.M., Barwani, for doing the needful.