SK. PEAR ALI Vs. SERAJUN NEHAR AND ANOTHER

JUDGEMENT

(1.) Short question involved in these two revisional applications is were a divorce Muslim woman is entitled to maintenance under section 25 of the Code of Criminal Procedure during her life time so long she does not remarry. In one matter, the issue found favour in an affirmative decision in favour of the wife before the Court below against which the husband has approached me. The other matter is yet to be disposed off finally.

(2.) The learned Counsel submits that the provision of section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986), inter alia, provides that at the time of divorce a reasonable and fair provision for maintenance to be made and paid to her within the iddat period by her husband. The said section was reasonably interpreted by the Apex Court in the case of Shabana Bano v. Imran Khan, 2010 1 RCR(Cri) 158 The Apex Court after considering all earlier decisions pertaining to the issue including the Constitution Bench judgment in the case of Danial Latifi and another v. Union of India, 2001 4 RCR(Cri) 468 held that the Muslim divorced wife was entitled to maintenance so long she would not remarry.

(3.) 1 have heard Mr. Bagchi, learned Counsel appearing for the petitioner in CRR 287 of 2011 and Mr. Chowdhury, learned Counsel appearing for the petitioner in CRR 2867 of 2007.