1. Noor Saba Khatoon & Mohammed Qasim
Facts
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.
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.
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.
Issue
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.
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.
2. 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.
Judgement
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) 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.
