The Court found that a wife is entitled to maintenance despite allegations of adultery unless proven, and the husband's divorce claim was invalid due to the practice of Triple Talaq being illegal.

CAV JUDGMENT

Date : 07-07-2025

Introduction

The present Criminal Revision Petition has been preferred by the petitioners, praying for setting aside the impugned judgment/order dated 04.04.2020 and direct the O.P. No. 2 to pay Rs. 20,000/- per month to the petitioners towards their maintenance. The impugned order dated 04.04.2020 has been passed by learned Principal Judge, Family Court,Purniain Maintenance Case No. 295 of 2017, whereby O.P. No. 2/Md.Shamshadhas been directed to pay maintenance to the petitioner No. 2/Danish Raza @ Rahul at the rate of Rs. 4,000/- per month from the date of order i.e. 04.04.2020. However, petitioner No. 1/BulbulKhatoonhas been denied any maintenance holding that she is not entitled to get any maintenance from O.P. No. 2.

The Case of the Petitioners

2. The petitioners have filed Maintenance Case No. 295 of 2017 on 30.10.2017 before the Family Court, Purnia under Section 125 Cr.PC against O.P. No. 2 herein/Md. Shamshad, who is husband of the petitioner No. 1/Bulbul Khatoon and father of petitioner No. 2/Danish Raza @ Rahul, stating that the marriage between Bulbul Khatoon and Md. Shamshad was solemnized on 18.02.2013 as per Muslim Rites and Customs and after the marriage, Bulbul Khatoon joined the matrimonial home of her husband/Md. Shamshad and subsequently, Danish Raza @ Rahul was born out of the wedlock in March, 2014. It was further stated that during the pregnancy, Bulbul Khatoon came back to her parental home on account of ill behavior of relatives of her husband and after the birth of the child, her husband and his family members started demanding Rs. 5 lac towards additional dowry and they threatened that in case, she failed to pay the additional dowry, Md. Shamshad would solemnize second marriage with other girl. As per further case, on account of failure of Bulbul Khatoon to pay the additional dowry, she was ousted from the matrimonial home on 17.07.2017 along with newly born child and even her ornaments were snatched from her. It was further stated that after ousting his wife Bulbul Khatoon, Md. Shamshad solemnized second marriage with one Kajal Khatoon, daughter of Md. Naseem. It is also stated that Bulbul Khatoon was unable to maintain herself and her minor son, whereas Md. Shamshad has sufficient means to maintain his wife and child having ten acres of agricultural land, tractor and corn factory machine and having Rs.5 lac annual income. Bulbul Khatoon and her son Danish Raza @ Rahul had claimed for monthly maintenance @ Rs.20,000/-.

The Case of the Respondent No. 2

3. On notice, Md. Shamshad appeared before the Family Court and filed his written statement contesting the maintenance petition filed by Bulbul Khatoon and her son. However, he has admitted his marriage with Bulbul Khatoon and his paternity of Danish Raza @ Rahul. However, he claimed in his written statement that after the marriage, Bulbul Khatoon joined his matrimonial home and thereafter, she went back to her maike and thereafter, she was again taken back to the matrimonial home. However, during her stay at his matrimonial home, she developed illicit relationship with one Md. Tarikat. He further claimed that Md. Tarikat hatched conspiracy to entice his wife away from his house and under his conspiracy, his wif