NDLI: Begum Subanu Alias Saira Banu & Anr. Vs. A.m. Abdul Gafoor

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Section 125 and Explanation -~ to second proviso of sub-section (3 )
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973-Section 125 and Explanation to second proviso of sub-section (3 )-Maintenance-Right of a Muslim wife to live separately and claim maintenance against the husband who marries another wife or takes a mistress-Liability to pay maintenance-Husband not absolved by offer to take back wife and maintain her-Right of Muslim husband to take more than one wife not affected-Scope and effect of. The appellant was married to the respondent on May 11, 1980. A girl was born on May 9, 1981. On grounds of neglect and failure to provide maintenance, the appellant filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance for herself and the child at Rs.500 and Rs.300 per month respectively. The Magistrate dismissed the petition on the ground that the appellant had failed to establish adequate justification for living separately. The appellant preferred a Revision Petition to the Sessions Judge. During the pendency of the said petition the respondent married again on October 18, 1984. It was urged on behalf of the appellant In the revision petition that irrespective of the other grounds, the second marriage of the respondent was by itself a ground for grant of maintenance. The Sessions Judge, however, held that the appellant was not entitled to claim maintenance since the respondent had contracted the second marriage after giving the appellant sufficient time and opportunity to rejoin him and since he had offered to take her back even after the second marriage. Insofar as the child was concerned the Sessions Judge granted maintenance at Rs.100 per month. The appellant preferred a Petition to the High Court under Section 482 for grant of maintenance to her and for enhancing the maintenance awarded to the child and the High Court declined to interfere on the ground that the concurrent findings of the Court below precluded the appellant from agitating her claim. In the appeal to this Court by special leave the appellant contended that the second marriage of the respondent had added a new dimension to her maintenance action and that she had become entitled under law to live separately and claim maintenance. The appeal was contested by the respondent on the ground that he was driven to the necessity of marrying again because the appellant failed to rejoin him and he had offered to take her back to maintain her and the said offer exonerated him from his liability to pay maintenance. It was further contended that as he was permitted by Muslim Law to take more than one wife his second marriage cannot afford a legal ground for the appellant to live separately and claim maintenance. On the questions whether the second marriage of the respondent confers a right upon the appellant to live separately and claim maintenance and whether the appellant's rights stand curtailed in any manner because of the personal law governing the parties permitting a husband to marry more than one wife, and whether, even if the respondent is liable to pay maintenance, he stands absolved of his liability after his offer to take back the appellant and maintain her.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 95
Petitioner	Begum Subanu Alias Saira Banu & Anr.
Respondent	A.m. Abdul Gafoor
SCR	[1987] 2 S.C.R. 773
Judgement Date	1987-04-03
Case Number	605

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Begum Subanu Alias Saira Banu & Anr. Vs. A.m. Abdul Gafoor

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Begum Subanu Alias Saira Banu & Anr. Vs. A.m. Abdul Gafoor

Begum Subanu Alias Saira Banu & Anr. Vs. A.m. Abdul Gafoor

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