Learned advocate for the applicant and it is submitted that an application for grant of maintenance under Section 125 of Code of Criminal Procedure, 1973 is not maintainable by a divorced Muslim wife after passing of Muslim Women Protection of Rights of Divorce Act, 1986 and further the applicant had shown his willingness to keep wife and child along with him and so agreed and such compromise was recorded by the Court below but later on it was put in abeyance.
However considering the contention of learned advocate for the applicant and inspite of service no one appears for respondent, I am inclined to issue Rule returnable on 29.3.2012. Learned APP, waives service of rule on behalf of respondent No.3.
Meanwhile, ad-interim relief in terms of para 12(c).
[ANANT S. DAVE, J.] //smita// Top