Back
JITENDRA KUMAR
Bulbul Khatoon – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. –
Introduction
The present Criminal Revision Petition has been preferred by the petitioners, praying for setting aside the impugned judgment/order dated 04.04.2020 and direct the O.P. No. 2 to pay Rs. 20,000/- per month to the petitioners towards their maintenance. The impugned order dated 04.04.2020 has been passed by learned Principal Judge, Family Court, Purnia in Maintenance Case No. 295 of 2017, whereby O.P. No. 2/Md. Shamshad has been directed to pay maintenance to the petitioner No. 2/Danish Raza @ Rahul at the rate of Rs. 4,000/- per month from the date of order i.e. 04.04.2020. However, petitioner No. 1/Bulbul Khatoon has been denied any maintenance holding that she is not entitled to get any maintenance from O.P. No. 2.
The Case of the Petitioners
2. The petitioners have filed Maintenance Case No. 295 of 2017 on 30.10.2017 before the Family Court, Purnia under Section 125 Cr.PC against O.P. No. 2 herein/Md. Shamshad, who is husband of the petitioner No. 1/Bulbul Khatoon and father of petitioner No. 2/Danish Raza @ Rahul, stating that the marriage between Bulbul Khatoon and Md. Shamshad was solemnized on 18.02.2013 as per Muslim Rites and Customs and after
The Court found that a wife is entitled to maintenance despite allegations of adultery unless proven, and the husband's divorce claim was invalid due to the practice of Triple Talaq being illegal.
A husband must provide maintenance to his wife if she is unable to support herself, even post-divorce under certain conditions, emphasizing the necessity of evidence in divorce claims.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
Section 125 provides maintenance to wives, children and parents who are unable to maintain themselves.
Point of Law : Muslim Women Protection Act - Liability under Section 3 - Husband cannot be fastened with liability to continue to pay the maintenance under Section 125 of Cr.P.C till the wife invokes....
The court emphasized the welfare nature of maintenance laws and the need to prevent destitution, holding that grounds of cruelty, adultery, and desertion did not disentitle the respondent from receiv....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
