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S.125 CrPC | Muslim Woman Entitled to Maintenance Post-Divorce if ‘Fair Provision’ Not Made: Patna High Court The legal Bandhu 48.3K followers September 15, 2025 Author: ABHISHEK J. The Patna High Court in Md. Murshid Alam v. State of Bihar & Ors. , Criminal Revision No. 657 of 2022 (decided on 30 August 2025), has reinforced the principle that a Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) even after divorce, provided her husband has not made a reasonable and fair provision for her sustenance during the iddat period. The revision petition filed by the husband challenging maintenance awarded by the Family Court, Bhagalpur, was dismissed by Justice Jitendra Kumar, who upheld the monthly allowance of ₹7,000 granted in favor of the wife. Background of the Case The parties married in 2010 in accordance with Muslim personal law. Alleging cruelty, the wife left the matrimonial home shortly thereafter and claimed maintenance o...

  Judicial Recognition of Transwomen in Matrimonial Offences: A Landmark Interpretation of Section 498-A IPC By Advocate Abhishek Jat In a groundbreaking judgment that furthers the jurisprudential recognition of transgender rights in India, the Hon’ble High Court of Andhra Pradesh, in Viswanathan Krishna Murthy & Ors. v. State of Andhra Pradesh & Anr. (Criminal Petition Nos. 6783, 7064, and 6830 of 2022), delivered on 16 June 2025 by Dr. Justice Venkata Jyothirmai Pratapa, addressed the novel issue of whether a transwoman, who is in a heterosexual marriage, can seek protection under Section 498-A of the Indian Penal Code, 1860 (IPC), and Section 4 of the Dowry Prohibition Act, 1961. The Court not only affirmed the transwoman’s right to file a complaint under matrimonial offence provisions but also quashed the proceedings against the accused due to absence of specific allegations, thereby harmonizing gender justice with safeguards against misuse of criminal law. Backgro...

  By Abhishek Jat, Advocate Background The Madras High Court recently delivered a landmark judgment affirming the constitutional validity of the Tamil Nadu Prohibition of Online Gaming and Regulation of Online Games Act, 2022, and the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025. The impugned regulations introduced a ban on online real money gaming during nighttime hours (midnight to 5 AM) and mandated Aadhaar-based Know Your Customer (KYC) verification for all participants. Key Issues and Arguments Petitioners' Contentions: The petitioners, comprising major online gaming companies and player associations, challenged the legislative competence of the state to regulate online games of skill and contended that the restrictions infringed upon their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. They argued that the mandatory KYC requirement and the nighttime ban violated the right to privacy as recognized in Justice K.S. Puttaswa...