Case Note & Summary
The present criminal writ petition was filed by the wife (Rehana Sultana Begum) and her minor daughter (Sayeeda Sultana) under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from the respondent-husband/father (Hashmi Syed Mujib). The petitioners had initially filed an application before the learned Magistrate, which resulted in the denial of maintenance to the wife but granted Rs. 300 per month to the daughter. The petitioners' revision before the Additional Sessions Judge was dismissed, leading to the present writ petition. The marriage between the petitioner-wife and the respondent was solemnized on 15/05/1996 at Udgir, and the daughter was born out of the wedlock. The wife alleged that the husband doubted her chastity, demanded dowry, threatened to kill her, and attempted to burn her on 04/06/1990. She claimed that she was unable to maintain herself and that the husband, a skilled welder, earned Rs. 1,000 per day. The husband resisted the claim, admitting the marriage and birth of the daughter, but claimed that he had divorced the wife by notice served on 20/02/1999. The learned Magistrate denied maintenance to the wife on the ground that she was able-bodied and could maintain herself, and granted only Rs. 300 per month to the daughter. The revisional court upheld this order. The High Court considered the legal issues: whether a divorced Muslim wife is entitled to maintenance under Section 125 CrPC after the iddat period, and whether the husband's obligation to maintain his minor daughter is absolute. The court held that Section 125 CrPC applies to all divorced women, including Muslims, and that the wife is entitled to maintenance until she remarries, regardless of her ability to work. The court also held that the daughter's right to maintenance is independent and cannot be denied based on the wife's conduct. The court allowed the writ petition, set aside the orders of the lower courts, and directed the respondent to pay Rs. 1,000 per month to the wife and Rs. 1,000 per month to the daughter from the date of the application, with arrears to be paid within six months.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Divorced Wife - A divorced Muslim wife is entitled to maintenance under Section 125 CrPC beyond the iddat period if she is unable to maintain herself, as the provision applies to all divorced women irrespective of religion. The court held that the wife's claim for maintenance is not barred by the Muslim personal law, and the husband must pay maintenance until she remarries. (Paras 10-15) B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Minor Daughter - The father is obligated to maintain his minor daughter regardless of the wife's conduct or divorce. The court held that the daughter's right to maintenance is independent and cannot be denied on grounds of the mother's alleged unchastity. (Paras 16-18) C) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum - The court enhanced the maintenance amount for the wife from nil to Rs. 1,000 per month and for the daughter from Rs. 300 to Rs. 1,000 per month, considering the husband's earning capacity as a skilled welder. (Paras 19-20)
Issue of Consideration
Whether a divorced Muslim wife is entitled to maintenance under Section 125 CrPC after the period of iddat, and whether the husband's obligation to maintain his minor daughter continues despite the wife's alleged misconduct.
Final Decision
The High Court allowed the writ petition, set aside the orders of the Magistrate and the Additional Sessions Judge, and directed the respondent to pay maintenance of Rs. 1,000 per month to the wife and Rs. 1,000 per month to the daughter from the date of the application, with arrears to be paid within six months.
Law Points
- Maintenance under Section 125 CrPC is payable to a divorced wife until she remarries
- even if she is able-bodied
- if she cannot maintain herself
- the husband's obligation to maintain his minor daughter is absolute and not dependent on the wife's conduct.
