A divorced Muslim woman is entitled to claim maintenance for her minor children under Section 125 of Cr.P.C. independently of the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Samarendra Pratap Singh, J.

1. Heard the parties. The instant revision application is directed against the order dated 25.5.2007 passed by the learned Principal Judge, Family Court, Jamui in Case No. l9M/2004 whereby he directed petitioner to pay interim maintenance of Rs. 300/-per month to the minor son of O.P. No. 2 from the date of order, on her application under Section 125 Cr.P.C.

2. The opposite party No. 2, Zinnat Pravin, in her petition under Section 125 of Cr.P.C. stated that she was married with petitioner in May,2001 and her husband and in-laws kept her well for ten days but thereafter they began to torture her. She, however, remained in her Sasural for five months with a hope that torture would end. In the mean time she became pregnant. But as torture continued unabated she was forced to take shelter at her parents place. At her naihar she gave birth to a male child from her wed lock with petitioner. However, she admitted the factum of divorce.

3. The petitioner entered appearance and filed his written statement. In his written statement he claimed that he has already divorced petitioner on 4.5.2002 by post and on 15.7.2002 through registered deed of Talaknamahe asserted that he paid the amount of Dain Mahr and also maintenance for Iddat period. He however disclaimed the child born as his. He thus stated that as per Muslim Women(Protection of Rights on Divorce) Act, 1986 (hereinafter to be referred to as 1986 Act) he would not be liable to pay any further maintenance to his wife O.P. No. 2. He asserted that even assuming the son to be his own no application for payment of maintenance would be maintainable under Section 125 Cr. after enactment of 1986 Act. He claimed that even under 1986 Act maintenance could be paid only upto 2 years from date of birth of a child and not beyond.

4. The main issue in this case are:

(i) whether a divorced Muslim woman can prefer an application under Section 125 of Cr.P.C. for maintenance of her minor child?

(ii) Whether a child of divorced Muslim woman is entitled to maintenance only for two years and that too under the provision of Muslim Women (Protection of Rights on Divorce) Act, 1986 (for the brevity 1986 Act) and not under Section 125 of Cr.P.C.?

5. As both the issues are inter linked, the same are taken up together for consideration. It would appear from the preamble to 1986 Act that the same has been enacted to protect the right of divorced Muslim woman from the husband. The 1986 Act was enacted as a sequel to the judgment in Mohd. Ahmed Khan V/s. Shah Bano Begum case reported in 1985 SC 945. The question of maintenance of children was not involved in the controversy therein. The Act was not enacted to regulate the obligations of a Muslim father to maintain his minor children unable to maintain themselves which continued to be governed by Section 125 of Cr.P.C. It would be useful to quote Section 3(1)(a)(b) of 1986 Act:

3.(1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to: (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;

(b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children.

Clause (b) of Section 3 (1) refers to grant of maintenance on the claim of divorced mother on her own behalf for maintaining the children for a period of two years from the date of the birth of the child living with her and presumably is aimed at providing some extra amount to the mother for her nourishment for nursing or taking care of the infant/infants upto a period of two years. Thus, Section 3(1) (b) of the Act, 1986 has nothing to do with the independent right of the child/children of divorced Muslim woman to claim maintenance under Section 125 of C