Bench split division, larger Supreme Court Bench to decide the jurisdiction of family courts to hear Muslim women's maintenance pleas - Synopsis
Parul Madaan 19 Jun 2020

The Supreme Court in the case, Rana Nahid v. Sahisul Haq Chisti, Criminal Appeal No. 192 OF 2011, has given a split verdict on whether the Family Court can convert the maintenance petition under Section 125 Cr. P.C. into Section 3 or Section 4 of the Muslim Women (Protection of Rights on Divorce) Act. The issue was ultimately referred to a larger Bench for decision.

A Muslim woman filed a petition under Section 125 of the Cr.P.C. The allegation that she had been subjected to cruelty and harassment for extra dowry and that she had been thrown out of her marital home. The Family Court ruled that because the appellant is a Muslim divorced woman, the petition for maintenance under Section 125 of the Cr.P.C. It's not maintained.

Treatment of an application under Section 125 Cr.P.C. as an application pursuant to Section 3 of the Muslim Women's Rights Act, the Family Court ordered the husband to pay the appellant three lakh in lump sum for his maintenance and future wellbeing.

The Rajasthan High Court held that the Family Court’s order of conversion of the application under Section 125 Cr.P.C. into an application under Section 3 of the Act is without jurisdiction and on those findings, set aside the order of the Family 3 Court to that extent.

The Supreme Court stated that there can be no question that, regardless of their religion, the Family Court alone has jurisdiction over personal and family matters relating to women and men. Muslim women's family matters pertaining, inter alia, to marriage, divorce, etc. are decided by Family Courts, as are Muslim wives' claims to maintenance under Section 125 of the Cr.P.C.

 

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