Case Note & Summary
The case involved a dispute regarding the maintenance rights of children born to Muslim parents following the divorce of their parents. The appellant, Noor Saba Khatoon, sought maintenance for herself and her three children from her husband, Mohd. Qasim, under Section 125 of the Code of Criminal Procedure, 1973 (Cr. P. C.). The couple married on 27.10.1980 and had three children. After disputes arose, the respondent allegedly turned the appellant out of their home and refused to provide maintenance. The appellant filed for maintenance on 13.2.1992, claiming Rs. 400 for herself and Rs. 300 for each child. The Trial Court granted maintenance but later modified the order for the appellant, limiting her maintenance to three months post-divorce, while maintaining the children's rights. The High Court ruled that the children were entitled to maintenance only for two years under the Muslim Women (Protection of Rights on Divorce) Act, 1986, leading to the appeal. The Supreme Court analyzed the provisions of the 1986 Act and Section 125 Cr. P. C., concluding that the rights of minor children to claim maintenance were not affected by the 1986 Act. The court emphasized that the father's obligation to maintain his children is absolute until they reach majority or can support themselves, and for daughters, until marriage. The Supreme Court restored the Trial Court's order for maintenance to the children and set aside the High Court's ruling, allowing the appeal without costs. The respondent was directed to pay the arrears of maintenance within a year in installments, with interest for any defaults.
Headnote
A) Family Law - Maintenance Rights of Children - Entitlement to Maintenance - Code of Criminal Procedure, 1973, Section 125 - The court held that children of Muslim parents are entitled to claim maintenance under Section 125 Cr. P. C. until they attain majority or are able to maintain themselves, and in the case of female children, until they get married, irrespective of the provisions of the 1986 Act. The court clarified that the rights of minor children to claim maintenance are independent of the divorced mother's right to claim maintenance for a limited period under the 1986 Act (Paras 6-7).
Issue of Consideration
Whether the children of Muslim parents are entitled to maintenance under Section 125 Cr. P. C. beyond the two-year limit prescribed under Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Final Decision
The Supreme Court allowed the appeal, restoring the Trial Court's order for maintenance to the children and setting aside the High Court's ruling. The respondent was directed to pay the arrears of maintenance within one year in four equal installments, with interest for any defaults.
Law Points
- Maintenance rights
- Muslim personal law
- Section 125 Cr. P. C.
- Section 3(1)(b) Muslim Women (Protection of Rights on Divorce) Act
- 1986
- obligation of father
