Sahun vs Smt. Asgari and Others

Vinod K. Sharma, J.—This petition u/s 482 of the Code of Criminal Procedure has been moved for quashing of order dated 8.7.2006 as well as order dated 11.2.2004 whereby the petitioner (Muslim husband) has been directed to pay maintenance to respondent No. 1 (Muslim divorced wife) as well as respondents Nos. 2 and 3 their children.

The contention of the learned Counsel for the petitioner is that the divorced Muslim wife is not entitled to maintenance u/s 125 Cr.P.C. as the Muslim Women (Protection of Rights on Divorce) Act, 1986 has been enacted so as to protect the right of Muslim Women who have been divorced by, or have obtained divorce from their husbands and to provide for matters connected therewith or incidental thereto.

This Court in the case of Sarban Ali v. Naziran Crl. Misc. No. 36399-M of 2003 decided on 30.4.2008 has been pleased to lay down that the only remedy with the divorced Muslim wife is to move an application u/s 125 of the Code of Criminal Procedure to claim maintenance as no maintenance can be granted to her u/s 3/4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The said decision is based on the judgment of the Hon''ble Supreme Court in the case of Denial Latifi and Anr. v. Union of India 2001 (4) R.C.R. 468.

The learned Counsel for the petitioner contended that while passing the said judgment the Court has not taken into consideration the Muslim Women (Protection of Rights on Divorce) Act, 1986. This p.ea of the petitioner cannot be accepted in view of the decision of this Court in the case of Saran Ali v. Naziran (supra).

No merit. Dismissed.