RAFIQUDDIN SON OF RAISUL ZAMA Vs. KISHWAR JEHAN

JUDGEMENT

(1.) This writ petition has been filed with the following prayers :

(2.) The facts in brief for deciding this petition are that opposite party no. 1 Kishwar Jehan moved an application under section 125 Criminal Procedure Code (hereinafter referred to 'Cr.P.C.') for grant of maintenance for herself and her two children born out of the wedlock of petitioner Rafiquddin and Kishwar Jehan (O.P. No. 1). Both children were minor at the time of presentation of petition under section 125 of Criminal Procedure Code (for short 'Cr.P.C."). On 23.8.2001 this petition was filed before Additional Civil Judge (junior Division)/J.M. Pratapgarh. The learned Magistrate vide order dated 13.7.2007 allowed the petition fixing maintenance of Rs. 1000/- per month for opposite party no. 1 Kishwar Jehan and Rs. 500/- per month each to both minor children till they attain majority. The order passed by the Magistrate was challenged in a Criminal Revision before Sessions Judge having Criminal Revision No. 216 of 2007 but the Additional Sessions Judge confirmed the order dated 13.7.2007 passed by the Magistrate vide its order dated 2.9.2008. Aggrieved by the aforesaid orders passed by the Magistrate and the Sessions Judge in revision, this petition has been filed.

(3.) The orders have been assailed mainly on the grounds that in view of provisions contained in Muslim Women (Protection of Rights on Divorce) Act 1986 (For short 'MWP Act') the divorced muslim woman would not be entitled to claim maintenance from her husband under section 125 Cr.P.C. after expiry of period of Iddat. The second ground for challenge is that initially the application has been moved by opposite party no. 1 for maintenance of her two minor children and not for herself but she manipulated the application and inserted her name also.