Under Section 3(1)(b) of the Muslim Women (Protection of Right on Divorce) Act, 1986 the husband is required to pay maintenance to the children for a period of 2 years from the respective date of birth of the children. What remedy is available for the maintenance of children after 2 years period? Discuss.

Question: Under Section 3(1)(b) of the Muslim Women (Protection of Right on Divorce) Act, 1986 the husband is required to pay maintenance to the children for a period of 2 years from the respective date of birth of the children. What remedy is available for the maintenance of children after 2 years period? Discuss.

Find the question and answer of Muslim Law only on Legal Bites. [Under Section 3(1)(b) of the Muslim Women (Protection of Right on Divorce) Act, 1986 the husband is required to pay maintenance to the children for a period of 2 years from the respective date of birth of the children. What remedy is available for the maintenance of children after 2 years period? Discuss.]

Answer

The High Court of Andhra Pradesh in M.A. Hameed v. Arif Jan & Anr., 1990 CriLJ 96, has held that as per section 3 of the Act of 1986, a divorced Muslim woman is also entitled to claim maintenance for the child for a period of two years, giving an additional safeguard to her under the Act of 1986. But there is no provision under the Act, taking away the right of the child to claim maintenance under section 125 of the Code of Criminal Procedure. Therefore, even the child can claim maintenance under Section 125 CrPC under guardianship against the father.

In Noor Saba Khatoon v. Mohd. Quasim, A.I.R. 1997 SC 3280, the Supreme Court has observed that a careful reading of the provisions of Section 125 CrPC and section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 Act makes it clear that the two provisions apply and cover different situations and there is no conflict, much less a real one, between the two. Whereas the 1986 Act deals with the obligation of a Muslim husband vis--vis his divorce wife including the payment of maintenance to her for a period of two years of fosterage for maintaining the infants where they are in the custody of the mother, the obligation of a Muslim father to maintain the minor children is governed by section 125 CrPC and his obligation to maintain them is absolute till they attain majority or are able to maintain themselves, whichever date is earlier. In the case of female children, this obligation extends till their marriage. Even under personal law, the right of minor children to receive maintenance is absolute.

Therefore, the remedy to claim maintenance under Section 125 of the Criminal Procedure Code is still available to the children after 2 years period until they attain a majority.

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