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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Md Murshid Alam, Son of Md. Kousar Ali – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background of marriage and maintenance claim. (Para 2 , 3) |
| 2. disputed reasons for separation and marriage status. (Para 4 , 5 , 6 , 7) |
| 3. evidence presented by both parties. (Para 8 , 9 , 10) |
| 4. family court's findings on maintenance entitlement. (Para 11 , 12 , 13) |
| 5. scope of high court's revisional jurisdiction. (Para 19 , 20 , 21 , 24) |
| 6. legal provisions under section 125 cr.pc. (Para 26 , 27 , 29 , 30 , 31) |
| 7. analysis of marriage status and maintenance obligation. (Para 35 , 36 , 39 , 42) |
| 8. final order and dismissal of the revision petition. (Para 44 , 45) |
CAV JUDGMENT :
The present Criminal Revisions Petition has been preferred by the Petitioner against the impugned Final Order dated 20.03.2021 passed by learned Principal Judge Family Court, Bhagalpur in Maintenance Case No. 15 of 2018, whereby learned Principal Judge has directed the Petitioner herein to pay Rs.7,000/- per month to his wife, who is the Opposite Party No.2 herein, towards her maintenance from the date of the order i.e 20.03.2021.
2. Nazia Shaheen, who was the Petitioner in the maintenance case before the Family Court and is Opposite Party No.2 herein, was married to Md. Murshid Alam on 01.12.2010
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.
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.
Section 125 provides maintenance to wives, children and parents who are unable to maintain themselves.
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
Maintenance – Right of a Muslim divorced woman to invoke secular statutory provision of Section 125 of Cr.P.C. (Section 144 of BNSS) is not entirely barred, even if her former husband discharges his ....
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