Maintenance under Section 125 of Cr.P.C. applies to divorced Muslim women till obligations under the Muslim Women Act are fulfilled.

J U D G M E N T

This Original Petition has been filed challenging the order passed by the Family Court, Malappuram granting interim maintenance.

2. The petitioner was the husband of the 1^st respondent and is the father of the 2^nd respondent. The respondents filed a maintenance case as M.C.No.5 of 2024 before the Family Court, Malappuram, against the petitioner claiming maintenance. They have also filed an application for interim maintenance as C.M.P.No.3/2024. The Family Court granted interim monthly maintenance at the rate of Rs.3,500/- to the 1^st respondent and Rs.1,500/- to the 2^nd respondent from the date of the petition. The said order is under challenge in this original petition.

3. Heard both sides.

4. Admittedly, the marriage between the petitioner and the

1^st respondent is dissolved. The 1^st respondent has filed a petition as M.C.No.926 of 2023 under Section 3 of the the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, 'the Act, 1986') before the Chief Judicial Magistrate Court, Manjeri, as evident from Ext.P3. The learned counsel for the petitioner submitted that since the 1^st respondent is a divorced Muslim woman and has already invoked of the Act, 1986, the claim for maintenance is not maintainable. I cannot subscribe to the said submission. It is settled that an application for maintenance under Section 125 of Cr.P.C by a divorced Muslim woman is maintainable and the husband's obligation to pay the maintenance under Section 125 of Cr.P.C. continues till he discharges his obligation under of the Act, 1986. Admittedly, the said application is still pending.

5. The petitioner is employed at Gulf. Hence, the quantum of monthly interim maintenance granted by the Family Court appears to be very reasonable. I see no illegality or impropriety in the impugned order.

Accordingly, the original petition is dismissed.