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Section 125 Cr.P.C.

 MAINTAINABILITY Of SECTION 125 CRPC

Section 125 of the CrPC contains the provision that if a wife is unable to maintain herself.

maintenance should be provided. Danial Latifi V UO. while dealing with the dichotomy

arisine out of Section 125 and the Muslim Women Act 1986. interpreted the legislative

intention behind the section. This section was to ensure that the marginalised sections of the

community such as women. children and aged people are provided with the facilities required mall training themes

es and forever ting vagrancy and creates an obligation by law to de

In the case of lqbal Bano v UP held that Section 125 was open to all Muslim Woman since it

was a beneficial legislation and reiterated that its nature is that of a civil law. Further. in the

case of Shabana Bano vImran Khan. which is very relevant to the factual matrix given in the

question, the SC held that the maintenance, of a wife from her husband, under the CrPC

continues even after the Iddat period. This continues till remarriage.

Shamim Bano v Asrat Khan reaffirmed that Section 125 could indeed be used by Muslim

women in case of divorce as an alternative to the MWA. So, it is evident that a wife married

accordine to Muslim rites could file a petition for maintenance under Section 125 of the CrPC

EXCLUSIVITY OF JURISDICTION

The jurisdiction of a family court was established under the Family Court Act. 1984 to deal with cases under Section 125 of CrPc were clarified in the Shabana Bano case. The court held that the purpose of Family Courts was to ensure a speed mechanism and strive towards conciliation. Section 7 of the Act encompasses its jurisdiction

Section 20 of the act has an overriding effect on acts dealing with provisions dealt by the

courts. Section 7 states that all matters relating upon which family law courts would have

jurisdiction in. And Section 7(1)(f) encompasses all suits regarding maintenance

Coupling Section 20 with Section 7(1Xf) gives the act an overriding effect on all matters

related to maintenance. And as stated in the Danial Latifi case, the purpose of Section 125 of IPC is that, so these courts have exclusivity or suits based on section 125.
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