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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Safia P.M. D/o Muhammed – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. court addressing legal inquiries referred from lower courts. (Para 1 , 2) |
| 2. maintenance claims are barred by limitations evaluated under the 1986 act. (Para 3 , 4 , 5) |
| 3. court’s findings on procedural necessity regarding claims for maintenance. (Para 6 , 7 , 8 , 11) |
| 4. clarification on criminal versus civil nature in the context of the act. (Para 9 , 10) |
| 5. affirmation of previous rulings related to limitations on muslim women's claims. (Para 12 , 13 , 14) |
ORDER :
1. The aforementioned Intra-Court Reference [ICR] application and Criminal Miscellaneous Case have been posted before us pursuant to an order of the Hon’ble the Chief Justice on the administrative side, for answering the legal question raised by a learned Single Judge vide order dated 09.04.2025 in Criminal Miscellaneous Case No.3126 of 2022. The question of law referred to us reads as follows:
“Whether
2. Before we embark upon a consideration of the question referred to us, we might notice the factual circumstances unde
Article 137 of the Limitation Act, 1963 applies to claims under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, establishing that such claims are civil in nature.
The application of Article 137 of the Limitation Act to claims under the Muslim Women (Protection of Rights on Divorce) Act was affirmed, highlighting the need to assess the respondent's financial ca....
(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 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.
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.
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....
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.
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
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.
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