MD. ABDUL KUDDUS Vs. MST. NAZMA BEGAM

JUDGEMENT

(1.) THE short but interesting question which arises in this petition, is whether a divorced Muslim wife is entitled to maintenance under Section 125 Cr.P.C. after the period of iddat is over. Briefly stated, that facts of the case are, that the respondent muslim wife filed a petition for grant of maintenance to herself and her daughter. The respondent raised a contention that the minor child was being paid maintenance @ Rs. 300/ - per month, as decided by the village elders. He also stated that he had divorced his wife by executing a talaknama on 17.09.2000. The learned Trial Court vide order dated 07.06.2006 had directed the husband to pay maintenance @ Rs. 700/ - per month to the wife and Rs. 500/ - per month to the daughter i.e. @ Rs. 1200/ - per month. The husband, being dissatisfied by the aforesaid order of the learned Sub Divisional Judicial Magistrate, Dharmanagar, North Tripura, has approached this Court in revision proceeding.

(2.) THE learned Sub Divisional Judicial Magistrate, Dharmanagar, North Tripura, came to the conclusion that there was no legal divorce and, therefore, vide his order dated 07.06.2006, awarded maintenance under Section 125 Cr.P.C. It is this order which is under challenge before me.

(3.) SHAH Bano Begum's case, as this case is popularly known as, led to the Parliament intervening and passing the Muslim Women (Protection of Rights on Divorce) Act, 1986. In the introduction to the Act, it was stated that in Shah Bano Begum's case it was held that if a Muslim divorced woman is able to maintain herself, the husband's liability ceases after the expiry of the period of iddat but if she is unable to maintain herself even after the period of iddat she is entitled to have the recourse under Section 125 Cr.P.C. It was to dilute the judgment that this Act was passed by the parliament.