Munni alias Mubarik vs Shahbaz Khan

S.L. Kochar, J.

This petition has been filed by the applicant Munnibai alias Mubarik wife of the non-applicant Shahbaz Khan u/s 482 of the Code of Criminal Procedure against the order dated 4-12-2000 passed by the Third Addl. Sessions Judge, Alirajpur in Cr. Revision No. 24/2000 granting maintenance to the applicant from the date of order dated 23-5-2000 passed by the Judicial Magistrate First Class, Alirajpur upto the date of divorce to her by the non-applicant dated 7-10-2000 at the rate of Rs. 500/- (Rupees Five hundred) per month.

Learned counsel for the applicant Shri Yashpal Rathore has submitted that in view of the recent judgment pronounced by the Supreme Court in the case of Danial Latifi and Another Vs. Union of India, a divorced Muslim woman can seek and granted a maintenance u/s 125 of the Code of Criminal Procedure beyond the period of IDDAT till her remarriage. Against this, the counsel for the non-applicant Shri Sanjay Kumar Yadav submitted that in the facts and circumstances of the present case, Denial Latifi (supra) is not applicable. A divorced Muslim woman/wife cannot seek maintenance beyond IDDAT u/s 125 of the Code of Criminal Procedure. He supported the order passed by the Revisional Court relying on the judgment passed by this Court in Julekha Bi and Another Vs. Mohammad Fazal,

Having heard learned counsel for the parties and after going through the record as well as the judgments rendered by the Supreme Court Denial Latifi''s case (supra) as well as by this Court in Julekha Bi''s case (supra), this Court is of the view that u/s 125 of the Code of Criminal Procedure, a divorced Muslim wife cannot claim maintenance beyond the IDDAT period or till her remarriage. In the judgment of Denial Latifi''s case (supra), the question of validity of Sections 3(1)(a) and 4 of Muslim Women (Protection of Rights on Divorce) Act, 1986 was involved and while upholding the validity of the Act, the Supreme Court, in para 36 ruled as follows:-

(1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the IDDAT period must be made by the husband within the IDDAT period in terms of Section 3(1)(a) of the Act.

(2) Liability of a Muslim husband to his divorced wife arising u/s 3(1)(a) of the Act to pay maintenance is not confined to the IDDAT period.

(3) A divorced Muslim woman who has not remarried and who is not able to maintain herself after the IDDAT period can proceed as provided u/s 4 of the Act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to Muslim Law from such divorced woman including her children and parents. If any of the relatives being unable to pay maintenance the Magistrate may direct the State Wakf Board established under the Act to pay such maintenance.

(4) The provisions of the Act do not offend Articles 14, 15 and 21 of the Constitution of India.

In the present case, right from the beginning the application was u/s 125 of the Code of Criminal Procedure. Under this general provision of the Code, divorce Muslim woman/wife cannot seek and granted maintenance beyond IDDAT period or till her remarriage. This view is also clear from the judgment of this Court in Julekha Bi''s case (supra). Therefore, the petition u/s 482 of the Code of Criminal Procedure by the applicant/wife Munni alias Mubarik is devoid of any substance, hence, it is dismissed accordingly. However, if so advised, she may file an application for grant of maintenance under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1996 for grant of maintenance beyond ''IDDAT'' period or till her remarriage.