Introduction

This case deals with the fact that whether children of the Muslim parents are entitled to get maintenance under Section 125 of the Criminal Procedure Code, 1973 (CrPC) under personal law.

Facts

• The appellant (wife) entered into marriage with the respondent (husband) through Muslim customs.
• The couple has 3 children.
• Differences and conflicts arose between the couple, leading to the respondent allegedly ejecting the appellant from their marital residence, along with their three minor children.
• Furthermore, the respondent failed to provide financial support for the appellant and the children after their expulsion.
• In 1992, the appellant sought financial relief, requesting Rs. 400/- per month for herself and Rs. 300/- per month for each of the three children.
• The Trial Court ordered the respondent to pay maintenance at the rates of Rs. 200/- per month for the appellant and Rs. 150/- per month for each of the three minor children until they reached the age of majority.
• Subsequently, the respondent sought to amend the Trial Court's decision based on the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act of 1986) as per an application filed.
• The Trial Court modified its earlier decision adjusting the maintenance for the appellant while upholding the maintenance for each of the three minor children.
• The respondent, dissatisfied with the Trial Court's decision, filed a revision petition, which was rejected by the revisional Court.
• The respondent then approached the High Court, where the decision was partially in his favor.
• Hence, the appellant filed a Special Leave Petition before the Supreme Court.
• The SC adjudged aspects of both Section 3(1)(b) of the Act of 1986 and Section 125 CrPC.

Issues Involved

• Whether Section 3(1)(b) of the Act of 1986 in any way affect the rights of the minor children of divorced Muslim parents to the grant of maintenance under Section 125 CrPC?

Observations

• The court stated that, according to both personal and statutory laws, a Muslim father with sufficient means has a clear duty to financially support his minor children who cannot support themselves.
• This responsibility continues until the children reach adulthood or, in the case of females, until they get married.
• This obligation remains even if the divorced wife is taking care of the children.
• The court clarified that the maintenance provided for a specific period in Section 3(1)(b) of Act of 1986 is for the mother's own support in taking care of the infant/infants for two years from their birth.
• This provision does not affect the rights of minor children to claim maintenance under Section 125, CrPC.
• As long as the conditions for maintenance under Section 125 of CrPC are met, the rights of minor children are not affected by Section 3(1)(b) of the Act of 1986.
• The court emphasized that laws like Section 125, CrPC, which are meant to benefit individuals, should not be undermined unless the statute explicitly allows it.
• The obligation of a Muslim father to maintain his minor children is absolute, similar to that of a Hindu father under Section 125 CrPC, and is not affected by Section 3(1)(b) of the Act of 1986.

Conclusion

• The court concluded that Section 125 of the CrPC and Section 3(1)(b) of the Act of 1986 apply in different situations, and there is no conflict between the two provisions.
• While the 1986 Act addresses the obligations of a Muslim husband to his divorced wife, including maintenance for the children for two years, Section 125, CrPC, deals specifically with a Muslim father's obligation to maintain minor children until they reach adulthood or can support themselves, whichever comes first.

Notes

CrPC

Section 125 - Order for maintenance of wives, children and parents —

• (1) If any person having sufficient means neglects or refuses to maintain—
  • (a) his wife, unable to maintain herself, or
  • (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
  • (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
  • (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct.
• Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
• Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.
• Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
• Explanation.— For the purposes of this Chapter,—
  • (a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;
  • (b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
• (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
• (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.
• Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.
• Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
• Explanation — If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
• (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
• (5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent.

Muslim Women (Protection of Rights on Divorce) Act 1986

Section 3 - Mahr or other properties of Muslim woman to be given to her at the time of divorce.

• (1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to -
  • b) Where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children.