Gujarat High Court
Mohammed Rafiq Gulam Yusuf Shaikh vs State Of Gujarat on 18 December, 2001
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION No. 549 of 2001
----------------------------------------------------------
MOHAMMED RAFIQ GULAM YUSUF SHAIKH
Versus
STATE OF GUJARAT
----------------------------------------------------------
Appearance:
MR ASHWIN V BHATT for Petitioner No. 1
MR LR POOJARI APP for Respondent No. 1
.......... for Respondent No. 2
----------------------------------------------------------
CORAM : MISS JUSTICE R.M.DOSHIT
Date of Order: 18/12/2001
ORAL ORDER
Heard the learned advocate Mr. Bhatt. The question that arises in this Revision Application is whether after the commencement of the Muslim Women [Protection of Rights on Divorce] Act, 1986 a divorced muslim woman can apply for maintenance by invoking the provisions of Chapter-IX of the Criminal Procedure Code. This Court [i.e., myself] in the matter of Kulsumben Adambhai & Ors. v. Noormohmad Pirbhai & Anr., [2001 (1) GLH p1] has taken a view that in such an event, the divorced muslim woman can apply for maintenance under Section 125 CrPC as well. However, the learned advocate Mr. Bhatt has relied upon the judgment of the Full Bench of Bombay High Court in the matter of Karim Abdul Rehman Shaikh v. Shehnaz Karim Shaikh & Ors. [2000 Cr.L.J 3560]. The said Court has taken a view that after the commencement of the Act, a muslim divorced wife cannot apply for maintenance under the provisions of Chapter IX of the Code. In view of the above referred judgment of the Bombay High Court, I am of the view that the question requires consideration by the larger Bench. The registry is directed to post this Revision Application for admission hearing before the Larger Bench. The petitioner is directed to supply additional set of paper-book within one week from today.
[Miss R.M Doshit, J.] Prakash*