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ORISSA HIGH COURT
KAHKASHAN KHAN – Appellant
Versus
GAYASUDDIN KHAN – Respondent
JUDGMENT :
S.K. Mishra, J.
The present common judgment arises out of two revision petitions i.e., RPFAM No.260 of 2017 preferred by the divorced Muslim woman (hereinafter referred as the Petitioner), and RPFAM No.293 of 2017 preferred by the ex- husband (hereinafter referred as the Opposite-Party), both challenging the order dated 07.10.2017 passed by the learned Judge, Family Court, Bhubaneswar, in Criminal Proceeding No.121 of 2016.
2. Vide the said order dated 07.10.2017, the amount of maintenance was enhanced by the learned Court below from Rs.3000/- to Rs. 8,100/- in an application filed by the Petitioner U/s 127 of CrPC. While the Petitioner seeks enhancement of the maintenance awarded to her as being inadequate and disproportionate to the Opposite Party’s income, the Opposite Party assails the said order as excessive, unsustainable and without jurisdiction.
3. The undisputed facts, as borne out of the records, are that the marriage between the Opposite Party, who is the Petitioner in RPFAM No.293 of 2017, and the Petitioner, who is the Opposite Party in RPFAM No.293 of 2017, was solemnized on 11.04.1993 according to Muslim rites and customs. After about six months of the marriag
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.
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.
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 ....
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.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
(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....
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