Rahat Khan vs Smt. Sharya Bano
2021 Latest Caselaw 5709 MP

                                                                         1                               CRR-4416-2018
                                              The High Court Of Madhya Pradesh
                                                         CRR-4416-2018
                                                               (RAHAT KHAN Vs SMT. SHARYA BANO)


                                       Jabalpur, Dated : 20-09-2021
                                             Heard through Video Conferencing.

                                             Shri Siddharth Gulati, learned counsel for the applicant.
                                             Shri Shakti Prakash Pandey, learned counsel for the respondent.

This criminal revision arises out of an order dated 31.07.2018 passed in MJC No.34/2018 by the Prinicpal Judge, Family Court, District Anupur,

whereby the application of the wife for maintenance under Section 125 of Cr.P.C. was allowed.

The contention of the learned counsel for the applicant is that both the parties are Muslim and a divorced wife has no right to seek maintenance under Section 125 of Cr.P.C. Learned counsel for the applicant has relied on 2009 (1) MPLJ 376. However, he fairly concedes that this judgment has been overruled by the Supreme Court in (2010) 1 SCC 666 (Shabana Bano vs. Imran Khan), wherein the Court has held thus:-

"23. Cumulative reading of the relevant portions of

judgments of this Court in Danial Latifi and Iqbal Bano would make it crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women.

24. In the light of the aforesaid discussion, the impugned orders are hereby set aside and quashed. It is held that even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 CrPC after the expiry of period of iddat

Signature Not Verified also, as long as she does not remarry. As a necessary SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.09.20 17:44:49 IST 2 CRR-4416-2018 consequence thereof, the matter is remanded to the Family Court at Gwalior for its disposal on merits at an early date, in accordance with law. The respondent shall bear the costs of litigation of the appellant. Counsel's fees Rs.5,000/-."

Learned counsel for the respondent has also relied on the aforesaid

decision of the Supreme Court.

Since the issue involved in the present criminal revision has already been considered and decided by the Supreme Court, the same will be applicable in the present case also.

Under the circumstances, the Court below has not committed any illegality or irregularity in allowing the application of the respondent for maintenance under Section 125 of Cr.P.C.

No merit in the criminal revision is accordingly dismissed.

(NANDITA DUBEY) JUDGE

sjk

Signature Not Verified SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.09.20 17:44:49 IST