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Nazeema K. H. , D/O. Hammed Kb – Appellant
Versus
Abdul Kareem – Respondent
ORDER :
C.Pratheep Kumar, J.
These revision petitions are filed against the order of the Additional Chief Judicial Magistrate (Economic Offences) Ernakulam, against the order dated 18.11.2015 in MC. No.11 of 2014, filed under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act of 1986). Crl.R.P. No.331 of 2016 was filed by the divorced wife, while Crl R.P. No.789 of 2017 was filed by the respondent husband. (For the purpose of convenience, the parties are hereinafter referred to as per their rank before the trial court).
2. The petitioner is the divorced wife of the respondent. Two children were born in that wedlock. Till the year 2010, they were living together as husband and wife, without any serious issues. The respondent was employed in Gulf, during the period from 1976 to 2010. During the said period, he had sent various amounts to the wife and she had expended the same, to purchase immovable property, vehicles etc. and also disposed of some of them. The case of the respondent is that his entire earnings from Gulf for the past 34 years, till 2010 was misappropriated by the petitioner. However, according to the petitioner, she utilised the money only
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.
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 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'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.
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 ....
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....
(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 minor child of a divorced Muslim woman retains the right to claim maintenance beyond two years under S.125 of the Cr. P. C., unaffected by S.3(b) of the Act of 1986.
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