Mohammed Rafiq Gulam Yusuf Shaikh vs State Of Gujarat on 18 December, 2001
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.