SHABBIR AHAMED SHEIKH Vs. SHAKILABANU W/O SHABBIR

JUDGEMENT

(1.) A short but an interesting question has arisen for consideration in this revision petition. The question is whether in a suit filed by the husband for restitution of conjugal rights his wife can claim interim maintenance during the pendency of the said suit Admittedly the parties are governed by Mahomedan Law.

(2.) THE learned trial Court by its order dated 3 -3 -1984 directed the plaintiff/husband to pay an interim maintenance allowance of Rs. 125/ - per month to his defendant/wife during the pendency of the suit It is not in dispute that the defendant/wife has also Bled an application under section 125 of the Code of Criminal Procedure claiming maintenance from her husband. Since the plaintiff/husband is aggrieved by the order of the trial Court granting interim maintenance to his defendant/wife he has preferred the instant revision against the same in this Court

(3.) IN support of the rival contentions the parties have relied upon certain decisions which, however, admittedly do not directly deal with the issue in this case. Before examining the decisions relied upon by the parties, it would be useful to examine the rights of the wife under the Mahomedan Law in regard to maintenance. It is not in dispute that under Mahomedan Law the marriage is a contract and not a sacrament Articles 277 and 278 of Mulla's Principles on Mahomedan Law (18th Ed edited by M Hidayatullah) deal with the principles of Mohammedan Law relating to maintenance of wives. The above articles are reproduced below for the sake of convenience : -