Case Note & Summary
The petitioner, Sekawat S/o Shaukat Tadvi, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an order of the Revisional Court dated 30/12/2004 which rejected his application for stay of the Trial Court's judgment granting maintenance to the respondent, Rehane Budhan Tadavi, under Section 125 of the Code of Criminal Procedure, 1973. The core legal issue was whether a Muslim woman could claim maintenance under Section 125 Cr.P.C. or only under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The petitioner did not appear on the hearing dates despite opportunities. The respondent's counsel, Mr. A.M. Gholap, submitted that the Criminal Revision Application No. 314/2004 filed by the petitioner had been disposed of on 17/04/2006, as evidenced by the case status from the District and Sessions Court, Jalgaon website. He further argued that the Supreme Court in Shamima Farooqui v. Shahid Khan, AIR 2015 SC 2025, had conclusively held that a Muslim woman can claim maintenance under Section 125 Cr.P.C., rendering the petition infructuous. The Court, after perusing the Supreme Court judgment, agreed that the issue was no longer res integra. Since the petitioner remained absent, the Court dismissed the petition as infructuous, noting that the legal question was settled and the revision application had already been disposed of.
Headnote
A) Muslim Law - Maintenance - Section 125 Cr.P.C. - Muslim Woman's Right - The issue whether a Muslim woman can claim maintenance under Section 125 Cr.P.C. is no longer res integra in view of the Supreme Court judgment in Shamima Farooqui v. Shahid Khan, AIR 2015 SC 2025, which held that a Muslim woman can claim maintenance under Section 125 Cr.P.C. The petition challenging the maintenance order was dismissed as infructuous. (Paras 3-4)
Issue of Consideration
Whether a Muslim woman can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 or under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Final Decision
The petition is dismissed as infructuous.
Law Points
- Muslim woman can claim maintenance under Section 125 Cr.P.C.
- issue no longer res integra
- petition rendered infructuous by subsequent Supreme Court judgment
Case Details
2016 LawText (BOM) (06) 37
Criminal Writ Petition No. 531 of 2005
Mr. A.M. Gholap (for respondents)
Sekawat S/o Shaukat Tadvi
Rehane Budhan Tadavi and another
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Nature of Litigation
Criminal Writ Petition challenging the order of the Revisional Court rejecting stay of maintenance order under Section 125 Cr.P.C.
Remedy Sought
Petitioner sought to challenge the maintenance order and stay its operation.
Filing Reason
Petitioner was aggrieved by the Revisional Court's order dated 30/12/2004 rejecting his application for stay of the Trial Court's judgment granting maintenance.
Previous Decisions
Trial Court granted maintenance under Section 125 Cr.P.C.; Revisional Court rejected stay; Criminal Revision Application No. 314/2004 was disposed of on 17/04/2006.
Issues
Whether a Muslim woman can claim maintenance under Section 125 Cr.P.C. or only under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Submissions/Arguments
Respondent's counsel submitted that the issue is covered by the Supreme Court judgment in Shamima Farooqui v. Shahid Khan, which held that a Muslim woman can claim maintenance under Section 125 Cr.P.C., and that the petition is infructuous as the revision application has been disposed of.
Ratio Decidendi
The issue of whether a Muslim woman can claim maintenance under Section 125 Cr.P.C. is no longer res integra in view of the Supreme Court's decision in Shamima Farooqui v. Shahid Khan, which holds that a Muslim woman can claim maintenance under Section 125 Cr.P.C. The petition challenging the maintenance order was rendered infructuous.
Judgment Excerpts
The issue is therefore, no longer res integra that a Muslim Woman/Divorce Woman can claim maintenance under Section 125 of the Code of Criminal Procedure.
He, therefore, submits that on the factual matrix of this matter, this petition is rendered infructuous.
Procedural History
The Trial Court granted maintenance under Section 125 Cr.P.C. The petitioner filed Criminal Revision Application No. 314/2004 before the Revisional Court, which rejected the stay application on 30/12/2004. The petitioner then filed Criminal Writ Petition No. 531/2005 before the Bombay High Court. The revision application was disposed of on 17/04/2006. The writ petition was heard on 07/06/2016 and 10/06/2016, and dismissed as infructuous.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
- Muslim Women (Protection of Rights on Divorce) Act, 1986: 3, 4
