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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Safia P.M. D/o Muhammed – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. court addressing legal inquiries referred from lower courts. (Para 1 , 2) |
| 2. maintenance claims are barred by limitations evaluated under the 1986 act. (Para 3 , 4 , 5) |
| 3. court’s findings on procedural necessity regarding claims for maintenance. (Para 6 , 7 , 8 , 11) |
| 4. clarification on criminal versus civil nature in the context of the act. (Para 9 , 10) |
| 5. affirmation of previous rulings related to limitations on muslim women's claims. (Para 12 , 13 , 14) |
ORDER :
“Whether
3. The petitioner in the Crl.M.C was aggrieved by the judgment dated 10.12.2021 in Crl.R.P.No.9 of 2020 of the Sessions Court, Alappuzha, that upheld an order of the Judicial First Class Magistrate Court-II, Cherthala that had dismissed the claim for maintenance preferred by the petitioner under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 [hereinafter referred to as the “1986 Act” for brevity]. The learned Magistrate was of the view that the application under Section 3 of the 1986
Article 137 of the Limitation Act, 1963 applies to claims under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, establishing that such claims are civil in nature.
(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.
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.
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
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.
Point of law : Under Section 2(q) of the DV Act, the word respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggriev....
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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