Aapka Consultant Judgment Series- In this series, we are providing case analysis of Landmark Judgments of Hon’ble Supreme Court of India.
Shabana Bano Vs. Imran Khan
AIR2010SC305, (2009)1SCC666
Hon’ble Judges/Coram: Deepak Verma, and B. Sudershan Reddy JJ.
Decided On: December 4th, 2009
FACTS:-
Appellant was married to respondent according to Muslim rites. The respondent and his family members treated the appellant with cruelty and continued to demand more dowry. After some time, the appellant got pregnant and was taken to her parents’ house by the respondent. The appellant delivered the child in her parental home. The appellant filed a petition under Section 125 of the Cr.P.C. against the respondent in the Court of the Family Judge, Gwalior, claiming a sum of Rupees 3000 a month as maintenance. The respondent objected that the appellant had already been divorced on August 20th, 2004, in accordance with Muslim Law. Thus, under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986, appellant is not entitled to any maintenance after the divorce and after the expiry of the iddat period. The Family Court ordered that the respondent shall pay Rupees 2000 a month as maintenance to the petitioner from April 26th, 2004 to August 20th, 2004, and thereafter from August 20th, 2004 to the period of iddat.
ISSUE:-
Whether a Muslim divorced wife would be entitled to receive the amount of maintenance from her divorced husband under Section 125 of the Cr.P.C. and, if yes, then through which forum?
JUDGMENT:-
The Court observed that Section 5 of the Muslim Women Act deals with the option to be governed by the provisions of Section 125-128 of the Cr.P.C. Section 7(1)(f) of the Family Courts Act, 1984 provides Family Courts with the jurisdiction to try suits or proceedings for maintenance. Also, Section 20 of the Family Act provides that the Act shall have an overriding effect on all other enactments in force dealing with this issue. Thus, a Family Court established under the Family Act shall exclusively have jurisdiction to adjudicate upon the applications filed under Section 125 of Cr.P.C.
Proceedings under Section 125 Cr.P.C. are civil in nature. Even if the Court noticed that there was a divorced woman in the case in question, it was open to it to treat it as a petition under the Act considering the beneficial nature of the legislation. The appellant’s petition under Section 125 Cr.P.C. would be maintainable before the Family Court as long as the appellant does not remarry. The amount of maintenance to be awarded under Section 125 Cr.P.C. cannot be restricted to the iddat period only. The Family Act being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women.
HELD:-
The matter was remanded to the Family Court, Gwalior for its disposal on merits in accordance with the law. Even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C. after the expiry of period of iddat also,
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