P. RAMSHEED Vs. SAJNA. V

JUDGEMENT

(1.) THE respondents herein are the divorced wife and the minor daughter of the revision petitioner. In a claim brought by the wife as M.C No.250 of 2012 under Section 125 of Cr.P.C, the Family Court, Kannur directed the revision petitioner to pay maintenance to the wife at the rate of 2000/ - per month, and to the child at the rate of 1500/ - per month. The said order dated 3.3.2014 is under challenge in this revision.

(2.) THE 1st respondent is admittedly the divorced wife of the revision petitioner. The revision petitioner contends that she cannot claim maintenance under Section 125 of Cr.P.C because she is a divorced lady and she will have to find her remedies under the Muslim Women (Protection of Rights on Divorce) Act, 1986. When the 1st respondent is admittedly a divorced lady, much probe or enquiry is not required regarding her right to claim maintenance. The only question is whether her right under Section 125 of Cr.P.C can be denied on the ground that the marriage stands dissolved. It is well settled that even a divorced lady is entitled to claim maintenance under Section 125 of Cr.P.C. Of course in the case of a muslim woman, who is divorced, she can opt to claim maintenance under Section 125 of Cr.P.C or under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. It is well settled that till she makes a claim under the Special Law, she will have to be paid maintenance by the former husband under Section 125 of Cr.P.C. Thus, regarding the right of the 1st respondent to claim maintenance under Section 125 of Cr.P.C, there cannot be any dispute.