SHABANA BANO v. IMRAN KHAN

Judgment

A B c D [2009] 16 (ADDL.) S.C.R. 190 SHABANA BANO V. IMRAN KHAN (Criminal Appeal No. 2309 of 2009) DECEMBER 4, 2009 [B. SUDERSHAN REDDY AND DEEPAK VERMA, JJ.] Code of Criminal Procedure, 1973 - s.125: Maintenance - Claim by divorced Muslim woman - Jurisdiction of Family Court - Held: Divorced Muslim woman entitled to claim maintenance from her husband under s. 125 CrPC, even after expiry of 'iddat' period, as long as she does not remarry- Beneficial legislation - Family Courts Act, 1984 - ss. 7 and 20. Family Courts Act, 1984 - Enactment of - Object and purpose - Discussed. Appellant, a Muslim woman, filed maintenance E petition under s.125 CrPC against her husband (respondent) in the Court of Family Judge. Respondent contested the petition inter a/ia contending that appellant was already divorced by him in accordance with Muslim law and that under the provisions of the Muslim Women F (Protection of Rights on Divorce) Act, 1986, appellant was not entitled to any maintenance after divorce and after expiry of the iddat period. ~ The question which arose for consideration in the present appeal was whether a Muslim divorced wife would be entitled to receive maintenance from her divorced husband under s.125 CrPC and, if yes, through which forum. Allowing the appeal, the Court 190 G H SHABANA SANO v. IMRAN KHAN 191 ~ HELD: 1.1. The Family Courts Act, 1984, was enacted A with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. The Act, inter alia, seeks to exclusively provide within jurisdiction of the family courts the matters relating to maintenance, 8 including proceedings under Chapter IX of the CrPC (comprising of ss. 125 to 128). S.20 of the said Family Act makes it clear that the provisions of this Act have overriding effect on all other enactments in force dealing with this issue. Thus, a Family Court established under the said Family Act has exclusive jurisdiction to adjudicate C upon the applications filed under s.125 CrPC. [Paras 16, 18, 2.1 and 22] [196-H; 197-A; 198-C-D]

1.2. The appellant's petition under s.125 CrPC would be maintainable before the Family Court as long as appellant does not remarry. The amount of maintenance D to be awarded under s.125 CrPC cannot be restricted for the iddat period only. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women. Even if a Muslim woman has been divorced, she would be entitled to claim E maintenance from her husband under s.125 CrPC after the expiry of period of iddat also, as long as she does not remarry. [Paras 27, 29 and 30] [201-D-E; G-H; 202-A] Court, Gwalior. Matter thus remanded for fresh adjudication by the Family.