Criminal Procedure Code, 1973
Section 125—Maintenance to divorce Muslim woman—Entitlement—Right of a Muslim divorce woman to invoke the secular statutory provision of Section 125 of CrPC (Sec. 144 of BNSS) is not entirely barred, even if her former husband discharges his obligations under the provisions of the Muslim Woman Protection Act—When a divorced woman files an application under Section 125 of CrPC (Sec. 144 of BNSS), even after receiving the amount entitled to her under Section 3 of the Muslim Women Protection Act or under customary or personal law, it is the duty of the Family Court to examine whether she was still able to support herself—Merely because an agreement has been entered into between the divorce husband and wife stating that the latter has received from the former the entire entitlement under Section 3 of the Muslim Women Protection Act, the Family Court cannot automatically dismiss the application under Section 125 of CrPC as not maintainable—Order of the Family Court declining the prayer for maintenance by a divorced Muslim woman under Section 125 of CrPC (Sec. 144 of BNSS) on the ground that the husband has discharged his obligation under personal law—Unsustainable—Impugned order set aside and matter remanded to the Family Court for fresh disposal—Petition allowed.
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