New Delhi, June 8
In a significant ruling relating to the maintenance claim of Muslim women, the Supreme Court has held that provision of Section 125 of the Criminal Procedure (CrPC) was still applicable to them despite the 1986 enactment of the Muslim Women (Protection of Rights on Divorce) Act, made in the wake of the Shah Bano episode.

In view of this, a Bench of Justices Arijit Pasayat and D.K Jain directed the Allahabad High Court to have a fresh look into the maintenance claim of Iqbal Bano from Aligarh, who was a victim of the “triple talaq” by her husband given in one go.

Setting aside the order of the Allahabad High Court denying maintenance to Bano as per Sections 125 of CrPC and Section 126(1), the Bench said the provisions of the twin sections had to be looked into a broader prospect, which essentially were civil in nature.

While Judicial Magistrate, Aligarh had allowed maintenance of Rs 450 to Bano in 1994, the Additional Sessions Judge had reversed the order on an appeal by her husband.

The Sessions Judge said after the 1986 enactment, a Muslim woman could only claim maintenance under its provisions not under Section 125 and 126(1) of the CrPC.

Her appeal against the Sessions Judge’s order was also rejected by the Allahabad High Court, holding that no illegality was committed in the judgement. But the Supreme Court disagreed with the High Court ruling that after the 1986 enactment, CrPC provisions would not apply to the Muslim women’s maintenance cases, saying the Law Commission had noted that often deserted wives were compelled to live with their relatives far away from places where husband and wife last resided.

As had been noted by the apex court in several cases, the proceedings under Section 125 of CrPC are civil in nature and an application under clause (b) and (c) of Section 126 for maintenance has to be filed at the place of residence of the person from whom the maintenance was claimed, the Bench said.

Since the case had been lingering for nearly two decades, the High Court was directed by the apex court to dispose it of within six months to avoid unnecessary delay.