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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Parthivjyoti Saikia
Mehbub Ali, S/O. Late Azad Ali – Appellant
Versus
Hasina Begum, D/O. Maqbul Hussain – Respondent
JUDGMENT :
Parthivjyoti Saikia, J.
Heard Mr. P.K. Kalita, the learned senior counsel appearing for the petitioner. Also heard Mr. D.K. Medhi, the learned counsel representing the sole respondent.
2. This is an application under Section 397 of the CRIMINAL PROCEDURE CODE read with Section 401 of the said Code challenging the judgment dated 22.04.2022 passed by the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur in Misc. Case No.61/2018.
3. The petitioner and the respondent were married on 10.10.2011. They were blessed with a son on 03.09.2013.
4. The petitioner pronounced first talak on 25.08.2014. The second talak was pronounced on 26.09.2014 and the third talak was pronounced on 28.11.2014.
5. Thereafter, the respondent filed an application under Section 125 of the CrPC claiming maintenance of Rs.10,000/- for herself and another Rs.10,000/- for her son. During her cross-examination, the respondent admitted that she got married to another person called Mustaf Ahmed. Finally, the trial court directed the petitioner to pay maintenance of Rs.7,000/- per month to the respondent and another amount of Rs.5,000/- for his son.
6. The present revision petition has been file
A divorced Muslim woman can claim maintenance under Section 125 of CrPC or the Muslim Women (Protection of Rights on Divorce) Act, 1986, without needing prior agreement.
A divorced Muslim woman is entitled to claim maintenance under Section 125 of the CrPC, and the Family Court has jurisdiction to entertain such claims, irrespective of the provisions of the Muslim Wo....
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 ....
Divorced Muslim wives are entitled to maintenance under S.125 of CrPC until obligations under specific statutory provisions are fulfilled.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C. after the Iddat period if she cannot maintain herself.
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.
A divorced Muslim woman is not entitled to maintenance under Section 125, Cr. P. C.
Even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself.
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