SHEREEFA MUNVARA Vs. MUHAMMED KABEER

JUDGEMENT

(1.) The order of the Family Court declining the prayer for maintenance by a divorced Muslim woman under Sec. 125 of Cr.P.C on the ground that the husband has discharged his obligation under personal law is the main challenge in this revision petition.

(2.) The 1st petitioner was the wife of the respondent. Their marriage was solemnised on 31/1/2010 as per the Muslim customary rites. The 2 nd petitioner is the daughter born in the said wedlock. The respondent divorced the 1st petitioner on 3/7/2010 by pronouncing talaq. The 1st petitioner, represented by her father, and the respondent entered Ext.D1 agreement on the same day, stipulating the post-divorce rights. In the said agreement, it was recited that 1st petitioner received a sum of Rs.1,00,000.00 towards matah and Rs.25,000.00 towards maintenance during the iddat period from the respondent. It was also recited that the 1st petitioner shall not claim any future maintenance from the respondent.

(3.) After the execution of Ext. D1 agreement, the petitioners filed M.C.No.351/2010 before the Family Court, Palakkad, invoking Sec. 125 of Cr.P.C against the respondent, claiming maintenance at the rate of Rs.6,000.00 and Rs.3,500.00 respectively. The respondent resisted the claim of the 1st petitioner for maintenance mainly on the ground that she, being a divorced Muslim woman, is not entitled to invoke Sec. 125 of Cr.P.C., especially when he discharged his obligation under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, the Muslim Women Protection Act, 1986), as evident from the terms of Ext.D1 agreement. The Family Court accepted the said contention and disallowed the claim of the 1 st petitioner for maintenance. However, the Family Court granted maintenance at the rate of Rs.750.00per month to the 2 nd petitioner. This revision petition has been filed by the petitioners, aggrieved by the rejection of the claim of the 1st petitioner for maintenance and the quantum of maintenance awarded to the 2nd petitioner.