In a significant ruling reinforcing the financial rights of divorced Muslim women, the Patna High Court has held that even after a divorce, a Muslim woman can claim maintenance from her former husband under Section 125 of the Criminal Procedure Code (CrPC), if the one-time settlement or iddat period payment is insufficient to sustain her.
Justice Jitendra Kumar, delivering judgment in Criminal Revision No. 164 of 2019 on February 28, 2025, modified a Family Court’s order to enhance the maintenance amount and extended it to include the couple’s minor daughter. The Family Court in East Champaran at Motihari had earlier awarded only ₹1,500 monthly maintenance to the wife and declined relief to the daughter.
Case Background
The case was initiated by the wife (petitioner no.1), who was married to the opposite party (husband) in 2007 as per Islamic customs. From this marriage, a daughter (petitioner no.2) was born. The wife alleged that she was subjected to cruelty due to demands of additional dowry of ₹2,00,000 and was eventually driven out of her matrimonial home.
She filed a maintenance petition under Section 125 CrPC in 2012, seeking ₹20,000 per month for herself and her daughter. She claimed that her husband owned a boutique in Mumbai and also possessed agricultural land, earning over ₹30,000 per month.
The husband denied the dowry allegations and alleged that the wife was living in adultery and had willfully deserted him. He further claimed that he had divorced her through triple talaq in 2012 and had paid the due Dain-mehar and iddat maintenance. He contended that she was no longer entitled to monthly maintenance.
On December 12, 2018, the Principal Judge of the Family Court awarded ₹1,500 per month to the wife from the date of the order and ₹5,000 towards litigation costs. However, the court did not grant any maintenance to the minor daughter.
Challenging the inadequacy of the amount and the omission regarding the daughter, the wife approached the High Court in Criminal Revision No. 164 of 2019.
Key Legal Issues
Whether a divorced Muslim woman can claim maintenance under Section 125 CrPC even after payment for the iddat period?
Whether the Family Court erred in not granting maintenance to the minor daughter?
Whether maintenance should be awarded from the date of application or the date of the order?
Court’s Observations
Justice Jitendra Kumar thoroughly analyzed the statutory provisions and recent Supreme Court precedents, including Danial Latifi v. Union of India [(2001) 7 SCC 740] and Md. Abdul Samad v. State of Telangana [(2025) 2 SCC 49].
He cited the Supreme Court’s clarity on the issue:
“A Muslim wife is entitled to get maintenance from her husband during the subsistence of her marriage under Section 125 CrPC, and even after divorce if she is unable to maintain herself, notwithstanding the payment for the iddat period or Dain-mehar.”
He emphasized that:
“It is not a case of the opposite party that during the iddat period, he has made provision for the whole life of his divorced wife… There is only an allegation of adulterous life based on suspicion without cogent evidence.”
The Court noted that the wife and her minor daughter were living separately and unable to maintain themselves, while the husband had a stable income from a tailoring business in Mumbai.
Final Judgment
The Court modified the Family Court’s order and ruled:
₹2,000 per month to be paid to the wife (petitioner no.1).
₹2,000 per month to be paid to the daughter (petitioner no.2).
The maintenance shall be payable from the date of the original application, i.e., March 1, 2012, not just from the date of the Family Court’s order.
The Court also directed the Patna Legal Services Committee to pay ₹15,000 honorarium to the Amicus Curiae, Ms. Soni Srivastava, for her assistance in the case.
Counsel Appearances
For the Petitioner: Mr. Ajay Kumar Singh, Advocate
For the Opposite Party: Mr. Upendra Kumar, Advocate (also assisted the court due to absence of the husband)
Amicus Curiae: Ms. Soni Srivastava, Advocate
