Shabbir vs Shabnam (Divorcee).

S.K. Phaujdar, J.—Heard the learned Counsel for the revisionist.

An application was made by one Smt. Shabnam for maintenance of herself and her daughter Nagma from her husband, the present petitioner Shabbir. By an order dated 17397 the Court rejected the prayer for maintenance advanced by Smt. Shabnam on the ground that she was a divorced Muslim lady. By the same order the Court directed payment of a particular sum for the maintenance of minor daughter till she stays with her mother. In a third portion of the same order a direction was given that for interim maintenance that was already ordered Shabnam could file a separate application.It is stated that subsequently Shabnam had filed a separate application for execution of the order of the interim maintenance.No order appears to have been passed on that application.It is stated that Shabnam being a divorced muslim, lady, the proceeding under Section 125 Cr. P.C. was not maintainable nor a petition for execution of any interim order could be maintained by the Family Court. These points are open to be agitated before the Family Court who would have been in a position to see when the order of maintenance was recorded, whether it is open to be executed under the provision of the Cr. P.C. or if there be any bar under any enactment for the execution. It appears that the interim order of maintenance was passed prior to 17397. It further appears that the order was not under challenge in the revision or in any other proceedings at an earlier stage. In my view, when an order is yet to be passed on the application of Shabnam, the present application is premature. All the points now raised before this Court may be raised before the Family Court at Jhansi who will consider the points in the light of the law and will take a decision according to law.

With these observations, the present application stands disposed of.