SAFIA P.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The aforementioned Intra-Court Reference [ICR] application and Criminal Miscellaneous Case have been posted before us pursuant to an order of the Hon'ble the Chief Justice on the administrative side, for answering the legal question raised by a learned Single Judge vide order dtd. 9/4/2025 in Criminal Miscellaneous Case No.3126 of 2022. The question of law referred to us reads as follows: "Whether Article 137 of the Limitation Act, 1963 applies to a claim under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, as held in Hassainar v. Raziya - [1993 (2) KLT 805]?"

(2.) Before we embark upon a consideration of the question referred to us, we might notice the factual circumstances under which the reference arose. They are as stated hereinafter:

(3.) The petitioner in the Crl.M.C was aggrieved by the judgment dtd. 10/12/2021 in Crl.R.P.No.9 of 2020 of the Sessions Court, Alappuzha, that upheld an order of the Judicial First Class Magistrate Court-II, Cherthala that had dismissed the claim for maintenance preferred by the petitioner under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 [hereinafter referred to as the "1986 Act" for brevity]. The learned Magistrate was of the view that the application under Sec. 3 of the 1986 Act, that was preferred by the petitioner nine years after the dissolution of her marriage in 2004, was barred by limitation under Article 137 of the Limitation Act, 1963. The Magistrate also found that the petitioner had executed an agreement with her husband at the time of pronouncement of Talaq whereby she had relinquished all her rights in connection with the divorce. The claim of the petitioner was therefore dismissed by the Magistrate.