Child Maintenance in Muslim Law: A Comprehensive 2023 Guide

2024 Supreme(BD)(SC) 13645

The plaintiff as per Muslim Shariah sent the notice to the defendant No.1 as well as local Chairman. ... The plaintiff over mobile demanded the rest dower money, maintainance of her and her children to the defendant No.1, but hethe defendant No.1. ... of her Iddot period and maintainance of minor child. ... The plaintiff over mobile demanded the rest dower money, maintenance of her and her children to the defendant No.1, but he denied to pay the same. Hence the Case.

High Court of Punjab and Haryana

The Lower Appellate Court awarded Rs.300/- per month to the defendant no.1 and Rs.150/- per month each to the children till majority vide order dated 29.1.1990. The said judgment became final between the parties. ... In 1986, defendant no.1 and children filed suit for maintainance under the provisions of Hindu Adoption and Maintenance Act. ... The decree of maintainance dated 29.1.1990 against the plaintiff in favour of defendant and her children would b....

High Court of Punjab and Haryana

The daughter-in-law staying with the mother-in-law with the grand children was not acceptable. ... This duty is beyond law and its technicalities. ... The total expenditure incurred in the schooling of the three children comes to about Rs.2,75,818/- per annum of about Rs.5 lacs per annum.

2023 0 Supreme(Ker) 217

It was held that the said right of the minor children was absolute under Sec.125 of CrPC as well as under Muslim Personal law. ... There is nothing in that Act in any way affecting the application of these provisions to the children and parents governed by Muslim law. ... Sec.3 of the Muslim Personal Law (Shariat) Application (Kerala Amendment), Act 1963 (State Act, 42 of 1963) provided for the substitution of a new Section to the C....

1985 0 Supreme(Mad) 87

Jwala, the learned Counsel for the Petitioner, that, according to Muslim law -the petitioner is a Muslim, as also his wife, the 2nd respondent - a divorced wife is not entitled to maintenance and that, Section 125 in so far as it entitles a divorced wife also to maintenance, is inconsistent with Muslim ... The law was substantially similar before and nobody ever suggested that Hindu Law, as in force immediately before the commencement of this Act, in so far as it dealt with the mainten....

2024 0 Supreme(All) 45

Further that even if maintenance has already been granted under one law, the aggrieved person can ask for monetary relief for maintenance under any other law in addition, under the provisions of the DV Act. Thus this law seeks to avoid multiplicity of proceedings. ... The trial court modified the order on the ground that after divorce, she was entitled for maintenance for 3 months only i.e. period of ‘iddat’, as per the provisions of the aforesaid Act of 1986, while maintaining the maintenance order for....

1995 Supreme(Online)(Bom) 9

S.2(a) of the Act of 1986 defines "divorced woman" means a Muslim woman who was married according to Mulsim law and has been divorced by or has obtained divorce from her husband in accordance with Muslim law. ... Further, as per S.3, of the Act, a divorced Muslim woman is also entitled to claim maintenance for the hold for a period of two years, giving an additional safeguard to her under Act 25 of 1986. ... The legislative intention of S.3(b), appears to be that irrespective of any ot....

that the rule of intestate succession applicable under the Muslim law applied. ... Fidei commissum-Devise to children and descendants- Rule of intestate succession not applicable- Muslim Last Will. Where a Muslim devised property to his two children ?to be always possessed by the said two children and their descendants?? ... The respondents contended at the trial, which view was adopted by the learned Commissioner, that the appellant is only entitled to a 1/8....

2015 0 Supreme(All) 118

The Apex Court after analyzing the scheme of Section 125 Cr.P.C. and that of the personal law, held that both under the personal law and the statutory law (Section 125 Cr.P.C.), the obligation of a Muslim father, having sufficient means, to maintain his minor children, unable to maintain themselves, ... Per contra, learned A.G.A. would submit that the view taken by the Court below is sustainable in law and the revision is liable to be dismissed. ... 4. ... ....

Bombay

month by way of permanent maintainance. ... By way of interim maintainance, she was granted Rs.10,000/- per month. ... The Appellant, therefore, cannot be permitted to ask for an amount more than Rs.20,000/- per month towards the permanent appellant to apply for enhancement of permanent alimony amount, if so advised, on the grounds as may be permissible in law

2020 0 Supreme(Guj) 345

Merely because 'The Dissolution of Muslim Marriages Act, 1939', does not mention that the Court is also having the jurisdiction or power to grant such relief, it cannot be said that the Court is not having the jurisdiction to grant it, if it is incidental, claimed and the Court finds it necessary to grant the same. The law expects that the parties should not be driven to approach the different forums but in one forum itself they should be granted whatever reliefs to which they are entitled. Moreover, the right of maintenance given to wife and the minor children under the provisions....

Current Civil Cases

Quasim, AIR 1997 SC 3280 wherein it was held that when the children are in custody of the mother, the obligation of father to maintain his children till they attain majority is absolute. Moreover, the right of maintenance given to wife and the minor children under the provisions of the Muslim Women (Protection of Rights on Divorce) Even under the Muslim Personal Law, the right of minor children to receive maintenance from the father till they are able to maintain themselves is absolute”. Act, 1986, is in addition to the right, which the minor children are having u....

2018 0 Supreme(Bom) 1143

Moreover, the right of maintenance given to wife and the minor children under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, is in addition to the right, which the minor children are having under Muslim Law to get maintenance from the father. The law expects that the parties should not be driven to approach the different forums but in one forum itself they should be granted whatever reliefs to which they are entitled.

2008 0 Supreme(All) 261

"These provisions of the Code remain fully applicable to the Muslims, notwithstanding the controversy resulting from the Shah Bano case and the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. There Is nothing in that Act in any way affecting the application of these provisions to the children and parents governed by Muslim law......... As regards children, the Code adopts the age of minority from the Majority Act, 1875 by saying : "Minor means a person who, under the provisions of the Indian Majority Act, 1875(9 of 1875) is deemed not to have atta....