Code of Criminal Procedure, 1973

Enforcement of order of maintenance.

128. A copy of the order of maintenance [or interim maintenance and expenses of proceeding, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance [for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance [, or as the case may be, expenses,] due.

COMMENTS

Muslim Women (Protection of Rights on Divorce) Act, 1986 does not take away rights under sections 125 to 128 - From the preamble it is clear that in simplest language the Parliament has stated that the Act is for protecting the rights of Muslim Women. It does not provide that it is enacted for taking away some rights which a Muslim Woman was having either under the Personal Law or under the general law, i.e., sections 125 to 128 of the Code-Arab Ahemadhia Abdulla v. Arab Bail Mohmuna Saiyadbhai AIR 1988 Guj. 141.