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Syed mohd fazle haider zaidi   27 December 2015

Maintenance under 125 crpc

My Muslim friend married to a Muslim girl under special marriage act on 5/7/1995 and on 7/8/1995 they also entered to religious marriage ie nikah, a female child was born from their wedlock . Due to some disputes they started living separately since 1996. Ultimately in the year 1997 they agreed for religious divorce with mutual consent. As per conditions of divorce wife took custody of that female child and husband paid his wife Rs 16000/- as mahar & iddat and in this respect an agreement on Rs stamp paper was signed by both wife husband witnessed by their family members.in that agreement wife agreed to maintain herself and her daughter. And husband agreed to afford all the expenses of the marriage of daughter in future. After that both wife & husband never thought to dissolve their earlier marriage which was solemnized under special marriage act, and that marriage stands up till now. after lapse of about 15 years in April 2015 wife filed application u/s 125crpc as a divorced Muslim lady claiming maintenance for herself and her daughter. In that application she consealed her marriage which was solemnized under special marriage act and that marriage in still alive. In that application she stated that her husband is a government employe. But in fact her husband is unemployed. I want to know the effect of long delay in filing application, consealment about marriage under special act and false statement about income of her husband .


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 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     28 December 2015

Unless the marriage under SMA 1954,is dissolved through divorce u/s 27 ,28 or 29, of the said act,it continues to exist.

prabhakar advocate (advocate)     28 December 2015

She is entitled to maintenancew under Section 125 cr.p.c. for herself and the child.  As the marriage under Special Marriage Act has not been  dissolved in accordance with law, the marriage subsists and she is entitled to all the rights of a legitimate wife.


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