A divorced Muslim woman, even after Khula, is entitled to maintenance under Section 125 Cr.P.C. until she re-marries. Admission of signature on a Khula deed, without proof of misrepresentation, conclusively establishes valid divorce. A father has a continuing statutory obligation to maintain his minor child. Suppression of income by the husband permits the Court to accept the wife’s version regarding earnings. Revisional jurisdiction cannot be invoked to re-appreciate evidence when the maintenance order is legal, reasoned, and just.

advocatemmmohan

Criminal Procedure Code, 1973 — Section 125 — Minor child — Father’s obligation

A minor daughter is entitled to maintenance from her father irrespective of marital disputes between the parents, and such obligation is statutory and absolute.
(Para 7)

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Muslim Law — Khula — Validity

Where the husband admits his signature on a Khula document and fails to adduce acceptable evidence to show that it was obtained by misrepresentation, the divorce by Khula is valid and binding.
(Para 4)

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Evidence — Plea of misrepresentation — Burden of proof

A bald plea that signature was obtained under the impression of compromise, without supporting evidence, cannot be accepted.
(Para 4)

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Maintenance — Assessment of income — Suppression by husband

When the husband fails to disclose or prove his actual income despite being employed, the Court is justified in accepting the wife’s version regarding his earnings.
(Para 8)

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Maintenance — Quantum — Discretion of Family Court

Grant of Rs.3,000/- per month each to the divorced wife and minor child was held to be reasonable and did not warrant interference in revision.
(Paras 8–9)

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Criminal Revision — Scope

In the absence of legal infirmity, perversity, or jurisdictional error, an order granting maintenance under Section 125 Cr.P.C. does not warrant interference in revision.
(Para 9)

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ANALYSIS (PARA-WISE SYNTHESIS)

1. Marital relationship and divorce (Paras 2–4)
   The marriage and birth of the child were admitted. The Court rejected the husband’s plea of ignorance regarding Khula, holding that admission of signature without proof of fraud establishes valid divorce.

2. Entitlement of divorced Muslim woman (Paras 5–6)
   Relying on Supreme Court precedent, the Court reaffirmed that a divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C. until re-marriage.

3. Right of minor child (Para 7)
   The obligation of the father to maintain his minor daughter was held unquestionable.

4. Determination of income and means (Para 8)
   The husband’s failure to produce salary particulars justified drawing adverse inference and accepting the wife’s claim regarding income.

5. Quantum and revisional restraint (Para 9)
   The Family Court’s discretion in fixing maintenance was upheld, as no illegality or perversity was found.

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RATIO DECIDENDI

1. A divorced Muslim woman, even after Khula, is entitled to maintenance under Section 125 Cr.P.C. until she re-marries.

2. Admission of signature on a Khula deed, without proof of misrepresentation, conclusively establishes valid divorce.

3. A father has a continuing statutory obligation to maintain his minor child.

4. Suppression of income by the husband permits the Court to accept the wife’s version regarding earnings.

5. Revisional jurisdiction cannot be invoked to re-appreciate evidence when the maintenance order is legal, reasoned, and just.