??Maintenance – Muslim Law – section 125 Cr PC – a girl who is not self dependant , is entitled to get maintenance from her parents even after becoming major till she gets married – the principle equally applies to Muslim.
In an another case Jagdish Jugtawat v. Munju Lata and Others, relying upon the case of Noor Saba Khatoon (supra), Hon’ble Apex Court has held as under :
A similar question came up for consideration by this Court in the case of Noor Saba Khatoon v. Mohd. Quasim relating to the claim of a Muslim divorced woman for maintenance from her husband for herself and her minor children.
This Court while accepting the position that Section 125 Cr.P.C. does not fix liability of parents to maintain children beyond attainment of majority, read the said provision and Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act together and held that under the later statutory provision liability of providing maintenance extends beyond attainment of majority of a dependent girl.
4. Applying the principal to the facts and circumstances of the case in hand, it is manifest that right of a minor girl for maintenance from parents after attaining majority till her marriage is recognized in Section 20(3) of the Hindu Adoptions and Maintenance Act.
Therefore, no exception can be taken to the judgment/order passed by the learned Single Judge for maintaining the order passed by the Family Court which is based on a combined reading of Section 125 Cr.P.C. and Section 20(3) of the Hindu Adoption and Maintenance Act.
For the reasons aforesaid we are of the view that on facts and in the circumstances of the case no interference with the impugned judgment/order of the High Court is called for.”.
Referred in para 15 of Ravindra Maurya vs. Mansha Devi and Ors. (31.01.2018 – ALLHC) : ??
Contact leading lawyers for Muslim family litigation in Chennai
