MD SIDDIQUE ALI Vs. FATEMA RASHID

JUDGEMENT

(1.) Whether a Muslim woman, whose marriage has been dissolved by pronouncement of talaq can make or maintain an application, under Section 125, Cr. P. C., seeking maintenance from her former husband, who has dissolved the marriage by pronouncement of talaq? If so, what are the conditions subject to which such a claim for maintenance by a Muslim divorced woman can be maintained under Section 125, Cr. P. C. ? While dealing with a proceeding under the Muslim Woman (Protection of Rights on Divorce) Act, 1986, (in short, 'the MW Act'), whether the Court can direct a husband, who has dissolved his marriage by pronouncement of talaq, to pay maintenance allowance per month if he has already paid maintenance to his former wiie for the period of iddat? Is a Muslim divorced woman entitled to make an application, under Section 3 of the MW Act, for direction to her former husband, who has dissolved the marriage by pronouncement of talaq and has also paid 'maintenance' to her for the period of iddat, to make 'provision' for her beyond the period of iddat and if so, subject to what conditions, such a direction can be given? Whether a proceeding under the MW Act is maintainable in a Family Court, constituted under the Family Court Act, 1984? These are some of the prominent questions, which the present set of revision petitions have raised.

(2.) I have heard Mr. H. R. A. Choudhury, learned senior counsel, appearing on behalf of the petitioner in Criminal Revision Nos. 283/2006 and 10/2006, and Mr. A. K. Goswami, learned Senior Counsel, appearing on behalf of the petitioner in Criminal Revision No. 532/2002. I have also heard Mr. A. Shariff, learned counsel for the respondent in 10/2006, Ms, P. Talukdar, learned counsel for the respondent in Criminal Revision No. 283/2006, and Mr. J. Roy, learned counsel for the respondent in Criminal Revision No. 532/2002.

(3.) Before I deal with the specific questions, which have arisen in the present set of revision petitions for determination by this Court, it is necessary to deal with the question as to when a woman can claim, from her husband, monthly allowance for maintenance under Section 125, Cr, P. C. For the purpose of finding a correct answer to the question, so posed, let me reproduce here-inbelow the relevant provisions of Section 125, Cr. P. C., which run as follows :-