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Neeraj Kumar Giri (NA)     15 February 2014

Maintenance u/s 125 cr p c

Dear Experts.

I would like to know that if a women, divorce her husband with mutual consent and after divorce she file an application u/s 9 of Hindu Marriage Act, 1956 for restitution of conjugal rights and the judgement made on the application against the women. Can she file a petition u/s 125 Cr P C to maintenance as his husband has obtain a decree from Court. Is it possible that the Criminal Court entertain her petition notwithstanding that her husband has obtain a decree from competent Court.



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     16 February 2014

'No' is the answer for your first part of the question and 'yes' for the second part.

T. Kalaiselvan, Advocate (Advocate)     16 February 2014

'No' is the answer for your first part of the question and 'yes' for the second part.  Once already divorced under mutual consent, the next alternative , if not satisfied , to prefer an appeal and not to resort to RCR, it is not maintainable.  Maintenance u/s 125can be claimed after divorce too.

1 Like

Neeraj Kumar Giri (NA)     16 February 2014

Thanks Sir for your co-operation.

T. Kalaiselvan, Advocate (Advocate)     16 February 2014

You are welcome and thanks for your appreciation

Neeraj Kumar Giri (NA)     16 February 2014

Respected Sir,

One more question arise in my mind sorry to disturb you that if in case, A muslim women who have been obtained a divorce from her husband under Dissolution of Muslim Marriage Act 1939, and after separation from her husband. Can she file a petition u/s 125 Crpc for maintenance for herself and her son. As the question is because I have not understood the concept of that Muslim (Protect of Rights on Divorce ) Women Act, 1986 as far as I understood that, there is two question after divorce can a husband is bound to maintenance for her divorced wife as it is clear that u/s 5 of Muslim (Protect of Rights on Divorce ) Women Act, 1986 that for claiming maintenance the consent of husband is necessary.

Sir please explain me in detail if possible

Neeraj Kumar Giri (NA)     18 February 2014

Respected Sir,

 Could you please reply.

Thank you

T. Kalaiselvan, Advocate (Advocate)     23 February 2014

Your question is :

A muslim women who have been obtained a divorce from her husband under Dissolution of Muslim Marriage Act 1939, and after separation from her husband. Can she file a petition u/s 125 Crpc for maintenance for herself and her son?

Yes Muslim women are also entitled to claim/seek maintenance u/s 125 of Cr.P.C., including her son too even after she obtained divorce under Dissolution of Muslim Marriage act, 1939. The section 125 of cr.p.c. does not forbids her from claiming maintenance just she belongs to muslim religion or that she obtained divorce as per Muslim marriages law.


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