Case Study on Noor Saba Khatoon vs Mohammed Qasim AIR 1997 SC 3280

1. Noor Saba Khatoon vs
Mohammed Qasim
AIR 1997 SC 3280
Decided by: Justices A.S.Anand &
K.Venkataswami
Laws referred to:
 S. 125 of Criminal Procedure Code, 1974;
 S. 3(1)(b) of Muslim Women (Protection of
Rights on Divorce) Act, 1986
Key Issue: MAINTENANCE TO CHILD

2. BACKGROUND:
Shah Bano judgment gave Muslim women a right to life long
maintenance after divorce.
Parliament enacted Muslim Women (Protection of Rights on
Divorce) Act, 1986 to nullify the Supreme Court judgment in
Shah Bano’s case.
The Muslim Woman Act, 1986 contains a provision in S. 3(1)(b)
stating that the woman was entitled to an additional
maintenance for taking care of her children for a period of
two years from their date of birth.
The present case decides on whether children will be entitled
to maintenance beyond the age of two.
2

3. FACTS:
3
Noor Saba Khatoon & Mohammed Qasim got
married in 1980 → 3 Children
Mohammed Qasim expelled Noor Khatoon out of
their matrimonial home with their three children.
Mhd. Qasim refused to maintain her and the children
afterwards → He then married another woman
Noor Khatoon approached the local court and
claimed maintenance for herself and the three
children.

4. FACTS: […continued]
4
The court found that Mohammed Qasim had
sufficient means to maintain his wife and children, but
had neglected to maintain them.
In 1993, the court ordered Mohammed Qasim to pay
a maintenance of Rs. 200 per month for Noor Khatoon
and Rs. 150 per month for each of the children.

5. FACTS: […continued]
Mohammed Qasim divorced Noor Khatoon and filed
an application before the same court, asking for a
modification of its order.
He pleaded in court that since he had divorced Noor
Khatoon, Muslim Women (Protection of Rights on
Divorce) Act 1986 would apply, and under that law,
he was duty-bound to maintain his children only for
two years after their birth.
The court refused his plea and said that the children’s
maintenance would not be affected by the divorce.

6. FACTS: […continued]
6
The husband approached the higher court for
modification of the order, where again, his plea was
refused.
He then challenged the correctness of the order in the
High Court, where his plea was partly allowed.
He then appealed to the Supreme Court, pleading
that he was not duty-bound to maintain his children
until they attained majority or were able to maintain
themselves.

7. 7
ISSUE FOR DETERMINATION:
Whether the children of Muslim parents are entitled to a
grant of maintenance under Section 125, Cr. P. C. for
the period till they attain majority or are able to
maintain themselves, whichever date is earlier or in the
case of female children till they get married, or is their
right restricted to the grant of maintenance only for a
period of two years after birth as prescribed under the
provisions of Muslim Women (Protection of Rights on
Divorce) Act, 1986?

8. JUDGMENT:
The court said:
…the children of Muslim parents are entitled to claim
maintenance under Section 125 Cr. P.C. for the period
till they attain majority or are able to maintain
themselves, whichever is earlier and in case of
females, till they get married, and this right is not
restricted, affected or controlled by divorcee wife’s
right to claim maintenance for maintaining the infant
child/children in her custody for a period of two years
from the date of birth of the child concerned under
Section 3(1)(b) of the 1986 Act. ~(Para 11, page 3285)

9. Implication of
Judgment ^
A Muslim father’s duty to maintain his
children extends till they become
majors or are able to maintain
themselves or, in the case of female
children, till they get married. So long
as the children are unable to maintain
themselves and other conditions are
met, it remains his absolute obligation
to provide for them.
THANKS!