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1997 Supreme(Raj) 565

K.VENKATASWAMI, A.S.ANAND
Noor Saba Khatoon – Appellant
Versus
Mohd. Quasim – Respondent


Advocates Appeared:
A. Sharan, Advocate for Appellant Ejaz Maqbool, Advocate for Respondent

Honble ANAND, J.–A short but interesting question involved in this appeal, by Special Leave, is whether the children of Muslim parents are entitled to grant of maintenance under Section 125, Cr.P.C. for the period till they attain majority or are able to maintain themselves whichever date is earlier or in the case of female children till they get married or is their right restricted to the grant of maintenance only for a period of two years prescribed under Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 notwithstanding Section 125 Cr.P.C.

(2). The appellant married the respondent according to Muslim rites on 27.10.1980. During the wedlock, three children were born - two daughters and a son. On certain disputes arising between the parties, the respondent allegedly tur-ned the appellant out of the matrimonial home alongwith the three children then aged 6 years, 3 years and 1-1/2 years and also refused and neglected to maintain her and the children thereafter. After turning the appellant out of the matrimonial home, the respondent took a second wife, Shahnawaz Begum. Claiming that the appellant has no means to maintain herself and the children and that























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