Section 7. Transitional provisions
Every application by a divorced woman under section 125 or under section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on 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.
Judgements applying section 7
Criminal Application allowed — FIR quashed on compromise, subject to conditional costs. The Bombay High Court, Aurangabad Bench (Vibha Kankanwadi & Sanjay A. Deshmukh, JJ.) quashed and set aside FIR Crime No.78/2022 of Bhagyanagar Police Station, Nanded (ss.498-A, 307, 324, 323 r/w s.34 IPC;
AllowedOpenMaintenance — Section 125 CrPC applies to all married and divorced women including Muslim women; interplay with Muslim Women (Protection of Rights on Divorce) Act 1986 (ss. 2(a), 3, 4, 5, 7) and Muslim Women (Protection of Rights on Marriage) Act 2019 (ss. 3, 5); non-obstante clause;
DismissedOpenCHHATTISGARH, BILASPUR MCRCA No. 837 of 2023 Sarfaraz Alam S/o Shri Mohd. Syed Ali Aged About 40 Years R/o Village, Plot No. 99, Third Floor, Behind Apollo Hospital, Jasola Vihar, New Delhi 110025. ---- Applicant Versus State Of Chhatti
DismissedOpenHIGH COURT AT CALCUTTA (Criminal Revisional Jurisdiction) Appellate Side Present: The Hon’ble Justice Shampa Dutt (Paul) CRR 2389 of 2019 Fatema Bibi Vs. Sk Noor Hossain. For the Petitioner : Mr. Aniket Mitra. For the Opposite Party No.1 :
DismissedOpenSubha Item no.08 op IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction Appellate Side CRM (SB) 211 of 2022 Shova Khatun -vs- The State of West Bengal & Anr. Md. Wasim Akram Mr. Syed Murshid Alam Mr. Subrata Ghosh Mr. S. Mukhe
DisposedOpenHIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION Nos. : 4770 and 4799 OF 2022 And CRIMINAL REVISION C
DisposedOpen
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The High Court held that a divorced Muslim wife retains the right to claim maintenance under Section 125 Cr.P.C. if she refuses the fair provision under the Muslim Women Protection Act, 1986.
DisposedOpen84 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 553/2021 CrlM No. 1765/2021 c/w CRM(M) No. 387/2021 CrlM No. 1256/2021 Mohd. Irfan and others …..Appellant(s)/Petitioner(s) Through: Mr. Vikram Sharma, Sr. Advocate with Mr. Ja
DisposedOpen3 aba 1984 21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1984 OF 2021 Adnan Iqbal Moulvi .. Applicant Versus 1) State of Maharashtra; and 2) Iffatnaaz Adnan Moulvi .. Respo
AllowedOpenDivorced Muslim woman maintenance; Section 125 CrPC versus Section 3 Muslim Women (Protection of Rights on Divorce) Act 1986; Family Courts Act 1984 Sections 7(1), 7(2)(b), 8, 20; jurisdiction of Family Court; conversion of Section 125 petition into Section 3 application; non-obstante clauses;
DisposedOpen