Anwaar Ahmad vs Sabida and Another

N.B. Asthana, J.—Smt. Sabida filed an application u/s 125 Cr.P.C. claiming maintenance allowance for herself and her two minor daughters. During the pendency of this application one of the daughters died. The revisionist did not dispute the paternity of these daughters but alleged that he has divorced Smt. Sabida and thereafter under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short Act) she is not entitled for maintenance that she is herself earning and is in a position to maintain herself and the two daughters that he is only a labourer earning about Rs. 600/- per month and is not in position to pay maintenance.

The learned Judge, Family Court, Meerut upheld the contention of the revisionist that Smt. Sabida was not entitled to maintenance under the provisions of the Act. He granted maintenance allowance to the surviving daughter Km. Reshama at the rate of Rs. 300/- per month from the date of application. Aggrieved by it the revisionist has come to this Court in revision.

Two points have been taken in this revision. The first is that the amount of maintenance granted is excessive and that under the provisions of the Act even the surviving daughter was not entitled to maintenance. The maintenance allowance granted is only Rs. 300/- per month. It cannot be said to be excessive in these hard days. He was maintaining his wife and two daughters before she started living separately. The Trial Court rightly came to the conclusion that his monthly income is not less than Rs. 1000-1200 per month. Rs. 300/- per month as maintenance allowance is not excessive.

Reliance has not been placed upon Section 3(1)(b) of the Act to argue that the surviving daughter was not entitled to maintenance. This provision provides that a divorced women shall be entitled after the divorce to get maintenance allowance for children for a period of 2 years from the date of birth. It does not deal with the right of the children to obtain maintenance from their father upon the divorce of their mother. The Act has been enacted to protect the rights of Muslim women who have been divorced from their husbands and to provide for matters connected therewith or incidental thereto. The Act does not supersede the provisions of Section 125 Cr.P.C. insofar as they relate to the grant of maintenance allowance to the children. Admittedly the surviving daughter was of more than two years of age on the date of alleged divorce.

Both the points are without any force. The revision is dismissed. The stay order dated 8.9.1993 is vacated. The Family Court, Meerut be informed accordingly.