LAWS(SC)-2022-9-244

RANA NAHID Vs. SAHIDUL HAQ CHISTI

Decided On September 22, 2022
Rana Nahid Appellant
V/S
Sahidul Haq Chisti Respondents

JUDGEMENT

(1.) The marriage was solemnized on 8/3/1998 inter se the parties according to Muslim rights and appellant No.2 is the child born out of the wedlock.

(2.) In the then prevalent norms, through the method of triple talaq, divorce was given on 23/4/2005. The appellants filed proceedings under Sec. 125 Cr.P.C. for maintenance. The Family Court accepted the application of appellant No.1- wife under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "the Act") but not under Sec. 125 Cr.P.C. and awarded Rs.2,000.00 per month to the appellant No.1- son till he attained majority and future maintenance of Rs.3,00,000.00. The High Court granted an interim relief in the cross revision petitions filed and directed payment of Rs.1,00,000.00 pending consideration.

(3.) The High Court finally passed Order dtd. 28/7/2010 opining that the jurisdiction would not vest with the Family Court and giving them liberty to take out proceedings under Sec. 3 of the Act. The amount of Rs.1,00,000.00 was permitted to be retained subject to the final outcome of those proceedings.