RAHAMATHULLA Vs. PIYARE

JUDGEMENT

(1.) An important question of law, that too, of general importance is as to whether a minor child of divorced Muslim wife is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973, from its father even after the child attained the age of more than two years. In other words, the important question of law is whether a divorced woman can claim maintenance from her former husband for the child born to her through that husband after the child attained the age of two years under Section 125, Cr. P.C., despite the provisions of Section 3(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short "the Act of 1986").

(2.) The petitioner/husband has presented this revision before this Court, challenging the order dated 16-2-1993, passed in Crl. R. C. No. 62 of 1992, on the file of Principal Sessions Judge, Cuddalore, granting maintenance of Rs. 150/- per month to the 2nd respondent herein, minor Yashmin, by setting aside the order dated 12-3-1992, passed in M.C. No. 4 of 1991, on the file of Judicial Magistrate No. 1, Ulundurpet, dismissing the petition filed by the 1st respondent herein Mrs. Piyare, the divorced wife of the petitioner, claiming maintenance for herself and for her child, the 2nd respondent herein.

(3.) The 1st respondent Piyare, originally filed a petition under Section 125, Cr. P.C., on 9-4-1991, in M.C. No. 4 of 1991, on the file of Judl. Magistrate No. 1, Ulundurpet, on her behalf and on behalf of her child, aged about 3 years, the 2nd respondent herein, claiming maintenance @ Rs. 350/- p.m. and Rs. 150/- p.m. respectively. On 12-3-1992, this application was dismissed by the learned Magistrate, as not maintainable.