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A. BADHARUDEEN
Shaji Ahammed, S/o. Abdul Shukkoor – Appellant
Versus
Saleena, D/o. Subaida Beevi – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C’ for short), challenging Annexure A3 order in Crl.R.P.No.10/2019 on the files of the Additions Sessions Judge, Thiruvananthapuram, and Annexure A2 order in M.C.No.77/2010, on the files of the Judicial First Class Magistrate, Attingal.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents, including Annexures-A3 and A2.
3. Coming to the facts of this case, the 1st respondent herein as petitioner filed M.C.No.77/2010 before the Judicial First Class Magistrate Court-I, Attingal, claiming reliefs under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (`Act, 1986’ for short). It was contended by the 1st respondent before the trial court that the petitioner herein married her on 03.11.2002 as per the Muslim religious rites and customs and a female child also was born to them. While so, on 08.02.2019, the petitioner herein pronounced talaq. On completion of talaq, she observed iddat from 08.02.2010 till 08.05.2010. Though talaq was pronounced, the petitioner herein failed to provi
The court affirmed that a divorced Muslim woman is entitled to reasonable and fair maintenance during and beyond the iddat period, reflecting her future needs and the husband's capacity to pay.
A divorced Muslim woman is entitled to reasonable maintenance under the Muslim Women Act, and cannot claim double benefit from both the Act and Section 125 Cr.P.C.
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.
Court reaffirmed the rights of a divorced Muslim woman under relevant statutory provisions, emphasizing financial assessment based on several factors.
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 ....
A divorced Muslim woman's right to maintenance extends beyond the iddat period, and applications for enhancement may invoke multiple legal provisions, including the Muslim Women Act and CrPC.
(1) Section 125 of Cr.P.C. applies to all married women including Muslim married women – Section 125 of Cr.P.C. applies to all non-Muslim divorced women.(2) Remarriage of a divorced Muslim woman does....
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.
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