A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.

JUDGMENT :

SANJAY PRASAD, J.

1. Criminal Revision No. 1594 of 2017 and Criminal Revision No. 1192 of 2016 and Cr. M. P. No. 2257 of 2017 are being heard together and are being disposed of by this common order as the issue involved in all three cases are inter-linked to each other.

2. The instant Criminal Revision No. 1192 of 2016 has been filed on behalf of the petitioner -Md. Shabbir Ansari (i.e. husband) challenging the judgment dated 26.07.2016 passed in Misc. Case No. 77 of 2013 by the learned Principal Judge, Family Court, Jamshedpur by which the learned Principal Judge, Family Court, Jamshedpur has allowed the petition of the opposite party no. 2 filed under Section 125 of the Cr. P. C. for maintenance and has directed the petitioner to pay a sum of Rs. 20000/-per month to the opp. Party no 2 as maintenance and Rs.15,000/-for her minor son for living medical expenses and educational expenses and Rs. 5000/- for the O.P. No 2 for her maintenance. The amount of maintenance shall be payable from the time of filing of the application for interim maintenance, which was filed on 30.5.2014 and therefore the order shall be effected from the month of June 2014. The arrears of maintenance from June 2014 to June 2016 i.e. for 25 months shall be paid by adding up Rs. 10,000/- per month towards arrears of maintenance in the current maintenance of Rs. 20,000/- per month, which shall be paid from July 2016 by the 15th of every succeeding month. The arrears of maintenance shall be paid till its complete realization under section 125 of the Cr.P.C.

3. The instant Criminal Revision No. 1594 of 2017 has been filed on behalf of the petitioner -Md. Shabbir Ansari (i.e. husband) challenging the judgment dated 28.08.2017 passed by Sri Manoj Prasad, learned Principal District & Sessions Judge, Singhbhum East, Jamshedpur in Cr. App. No. 133 of 2016 and Cr. App. No. 66 of 2017 by which question of maintainability of appeal was rejected and also final order passed by the learned Principal District & Sessions Judge, Singhbhum East, Jamshedpur, has been challenged by which prayer for granting interim maintenance directing the petitioner to pay maintenance and medical expenses of Rs. 15,000/-per month to the O.P. No. 2 under Section 20 (1) (d) Protection of Women from Domestic Violence Act, 2005 has been upheld.

4. The instant Cr. M. P. No. 2257 of 2017 has been filed on behalf of the petitioner- Sultana @ Afsana Begum (i.e. the wife) for quashing the order dated 21.07.2017 passed in Misc. Case No. 77 of 2013 by the Principal Judge, Family Court, Jamshedpur by which the prayer for taking appropriate coercive steps against the opposite party no. 2 -Md. Shabbir Ansari (i.e. husband) for realization of Rs. 3,00,000/- to be paid as maintenance amount has been disposed of with a direction to issue D/W only for the amount which remains unpaid the amount for which the opposite party no. 2 was earlier sentenced.

5. So far as the Criminal Revision No. 1192 of 2016 is concerned, the same has been filed on behalf of the husband-petitioner challenging the judgment dated 26.07.2016 passed in Misc. Case No. 77 of 2013 by the learned Principal Judge, Family Court, Jamshedpur.

6. The case of the wife i.e. the opposite party no. -2, Sultana @ Afsana Begam is that the marriage between the petitioner and the opposite party no. 2 was solemnized as per the muslim customs on 30.05.2011 at Dhatkidih, Bistupur, Jamshedpur and out of their matrimonial wedlock, parties have one son namely Md. Arhan Ahmed, who is specially challenged child. It is stated that after marriage, the wife-opposite party no. 2 was being tortured for giving additional dowry of Rs. 10,00,000/-, although at the time of marriage Rs. 2,00,000/- cash, ornaments worth of Rs. 1,50,000/- and cloth of Rs. 1,00,000/- and one motorcycle were also given. However, the wife was subjected to torture and even during her pregnancy, she had been not provided with medical attention and as a result of which, child, which was bor