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KAUSER EDAPPAGATH
Shereefa Munvara – Appellant
Versus
Muhammed Kabeer – Respondent
ORDER
The order of the Family Court declining the prayer for maintenance by a divorced Muslim woman under Section 125 of Cr.P.C on the ground that the husband has discharged his obligation under personal law is the main challenge in this revision petition.
2. The 1st petitioner was the wife of the respondent. Their marriage was solemnised on 31.01.2010 as per the Muslim customary rites. The 2nd petitioner is the daughter born in the said wedlock. The respondent divorced the 1st petitioner on 03.07.2010 by pronouncing talaq. The 1st petitioner, represented by her father, and the respondent entered Ext.D1 agreement on the same day, stipulating the post-divorce rights. In the said agreement, it was recited that 1st petitioner received a sum of Rs.1,00,000/- towards matah and Rs.25,000/- towards maintenance during the iddat period from the respondent. It was also recited that the 1st petitioner shall not claim any future maintenance from the respondent.
3. After the execution of Ext. D1 agreement, the petitioners filed M.C.No.351/2010 before the Family Court, Palakkad, invoking Section 125 of Cr.P.C against the respondent, claiming maintenance at the rate of Rs.6,000/- and Rs.3,500/- r
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 ....
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 : Muslim Women Protection Act - Liability under Section 3 - Husband cannot be fastened with liability to continue to pay the maintenance under Section 125 of Cr.P.C till the wife invokes....
(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 divorced Muslim woman is entitled to claim maintenance under Section 125 of the CrPC, and the Family Court has jurisdiction to entertain such claims, irrespective of the provisions of the Muslim Wo....
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.
Divorced Muslim wives are entitled to maintenance under S.125 of CrPC until obligations under specific statutory provisions are fulfilled.
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.
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