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Checking relevance for Savitaben Somabhai Bhatiya VS State Of Gujarat...
2005 2 Supreme 503 : Under Section 125 of the Criminal Procedure Code, 1973, maintenance can be awarded to a wife only if she is legally wedded; an appellant who was not a legally married wife, even if treated as such by the husband, is not entitled to maintenance. However, the provision extends to an illegitimate child, and the quantum of maintenance for a child can be enhanced to Rs. 850/-, considering factors like interest from fixed deposits and future maintenance needs until the child attains majority. The law aims at social justice and protection of women and children, falling within the constitutional framework of Articles 15(3) and 39 of the Constitution of India.Checking relevance for Noor Saba Khatoon VS Mohd. Quasim...
1997 6 Supreme 523 : The children of Muslim parents are entitled to claim maintenance under Section 125 of the Criminal Procedure Code, 1973, for the period until they attain majority or are able to maintain themselves, whichever is earlier, and in the case of female children, until they get married. This right is independent and not affected by the maintenance claim of the divorced mother under Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The obligation of a Muslim father to maintain his minor children is absolute under both Muslim Personal Law and Section 125 Cr.P.C., regardless of the mother''''s custody or her claim for maintenance. The provisions of Section 125 Cr.P.C. and Section 3(1)(b) of the 1986 Act apply to different situations and do not conflict.Checking relevance for Padmja Sharma VS Ratan Lal Sharma...
2000 2 Supreme 653 : Under Section 26 of the Hindu Marriage Act, 1955, both the husband and wife are equally obligated to maintain their minor children. The duty to maintain is not limited to the father, even if the mother is more affluent. In cases where both parents are employed, their contributions to child maintenance should be proportionate to their respective incomes. In this case, the husband (an RBI employee) earns approximately twice as much as the wife (a lecturer), so the maintenance obligation is apportioned in a 2:1 ratio. The Supreme Court directed the husband to pay Rs. 2,000 per month per child, apart from Rs. 250 per month per child already paid under Section 125 Cr.P.C., with the total maintenance requirement for each child being Rs. 3,000 per month. The order is not final and can be modified if circumstances change, allowing either party to approach the Family Court for adjustment.Checking relevance for Iqbal Bano VS State of U. P. ...
2007 5 Supreme 98 : Under Section 125 of the Code of Criminal Procedure, 1973, a Muslim woman who is not divorced can maintain a petition for maintenance. The Muslim Woman (Protection of Rights on Divorce) Act, 1986, applies only to divorced women and does not bar maintenance claims by married women under Section 125 Cr. P.C. Proceedings under Section 125 Cr. P.C. are civil in nature, and if the court notices that the woman is divorced, it may treat the proceeding as one under the Act due to its beneficial nature, especially since both types of claims are tried by the same court. The mere assertion in a written statement that divorce was pronounced by uttering ''''Talaq'''' three times is not sufficient to establish divorce in law, and claims about Mehr being paid or the Iddat period being over are irrelevant to the maintenance claim.Checking relevance for SHAMIMA FAROOQUI VS SHAHID KHAN...
2015 3 Supreme 129 : Section 125 of the Code of Criminal Procedure, 1973 is applicable to Muslim divorced women seeking maintenance. Maintenance cases under Section 125 must be disposed of at the earliest. When determining maintenance, the court must consider all aspects of the husband''''s financial capability, including pension and other retirement benefits. In a case where the husband retired voluntarily, the High Court''''s reduction of maintenance from Rs. 4,000 to Rs. 2,000 per month was set aside because it failed to consider the husband''''s pension and other retirement dues; the Family Court''''s order awarding Rs. 4,000 per month was restored. The maintenance is to be paid until the remarriage of the woman.
