Code of Criminal Procedure, 1973 – Chapter IX- ss.125-128 – Petition u/s.125, by divorced Muslim woman – Converted to application u/s.3, 1986 Act by Family Court – Permissibility of – Appellant no.1 and respondent were married as per Muslim rites – Appellant no.2-son was born out of the wedlock – Alleging cruelty against appellant no.1, appellants filed petition u/s.125, CrPC – Family Court treated it as application u/s.3, 1986 Act and directed respondent to pay maintenance – Order to the extent converting the petition u/s.125, CrPC into application u/s.3 of the 1986 Act, set aside by High Court – On appeal, held: Per R. Banumathi, J. Family Court has no jurisdiction to entertain a petition u/ss.3 and 4, 1986 Act and cannot convert the petition for maintenance u/s.125, Cr.P.C. to one u/s.3 or s.4, 1986 Act – Per Indira Banerjee, J. (Dissenting) Family Court had jurisdiction to convert the application of appellant u/s.125, CrPC into an application u/s.3, 1986 Act for Muslim Women and to decide the same –Muslim Women (Protection of Rights on Divorce) Act, 1986 – ss.2-5, 7 – Family Courts Act, 1984 – ss.3, 5-10, 12-14, 16, 18, 20 – Constitution of India – Arts.14, 15 – Interpretation of Statutes – Purposive Interpretation; Casus Omissus – Code of Civil Procedure, 1908 – Evidence Act, 1872 – International Convention / Treaties – International Covenant for Civil and Political Rights (ICCPR); Convention on the Elimination of All Forms of Discrimination against Women 1979. Directing the matter to be placed before Hon’ble the Chief Justice of India for referring the matter to the Larger Bench, the Court