Section 3 of the Muslim Women Act does not preclude a child's claim for maintenance under Section 125 Cr. P. C. beyond the age of 2 years.

( 1 )

( 2 ) THE present applicant happens to be a Muslim husband who had divorced his wife, Saira Begum. They had a daughter named Shabnam. Her age now is 10 years. On the application of Saira Begum for maintenance for herself and for Shabnam, the Court of first instance had taken note of the fact of divorce and had opined that Saira was not entitled to the relief under Section 125 Cr. P. C. but the child, Shabnam would be entitled to maintenance and the direction reads as such :"lekin USKI LADKI SHABNAM KE LIYE YEN PRARTHNA PATRA SWEEKAR KIYA JATA HAI. VIPAKSHI KO AADESH DIYA JATA HAI KI VOH PRARTHNA PATRA DENE KI TINANK SE LADKI SHABNAM KE BHARAN POSHAN HETU 300 RUPYE PRATIMAH ADA KAREIN TATHA JAB TAK ADA KAREIN JAB TAK VOH BALIG HO. "

( 3 ) THIS order was challenged by the present applicant in a revision before the Sessions Judge at Muzaffarnagar and the revision aopplication was dismissed.

( 4 ) IT was submitted that in terms of provi-sion of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the muslim Women Act), a child upto the age of 2 years was entitled to maintenance and not a child beyond that period of age. This interpretation goes against any norm of a civilised society and cannot be accepted to be a proper interpretation of Section 3 of the Muslim Women Act which merely gives a right to a divorced wife not only the claim of maintenance for herself but for children also upto the age of 2 years. This does not exclude the application of the general and secular law of maintenance as enunciated in Section 125 Cr. P. C. Section 125 Cr. P. C. provides for maintenance to minor children who are unable to maintain themselves and a father having sufficient means, on proof of neglect or refusal to maintain, can be directed to pay such maintenance. It is held that Section 3 of the Muslim Women Act of 1986 cannot stand on the way of claim of maintenance by a child under Section 125 Cr. P. C. when the child is more than 2 years. The present application stands dismissed.

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