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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...

MP High Court Allows Husband to Submit Wife’s WhatsApp Chats as Evidence in Divorce Case Author: Abhishek Jat, Advocate The Madhya Pradesh High Court at Gwalior, in a recent order, addressed the admissibility of WhatsApp chats obtained without consent in a matrimonial dispute. The case arose when Raman Upadhyay, the husband, filed for divorce from Smt. Anjali Sharma on grounds of cruelty and adultery under Section 13 of the Hindu Marriage Act, 1955. To substantiate the allegation of adultery, the husband produced WhatsApp conversations between his wife and a third party. These chats were accessed through a special application installed on the wife’s phone, which automatically forwarded her messages to the husband’s device, allegedly without her knowledge or consent. The wife, Smt. Anjali Sharma, strongly objected to the use of these chats as evidence. She argued that the husband’s act of installing the application without her consent was not only illegal but also a grave infringement o...

Landmark Supreme Court Ruling: Unpaid Maintenance Treated as Criminal Fine—A Paradigm Shift in Enforcement Author: Abhishek Jat, Advocate In a seminal pronouncement that substantially fortifies the enforcement of maintenance orders under Indian family law, the Supreme Court of India has affirmed that unpaid maintenance can be recovered under the rigorous provisions applicable to criminal fines, specifically invoking Section 421 of the Code of Criminal Procedure (CrPC). This judgment, which is poised to reshape the landscape of maintenance enforcement, underscores the judiciary’s commitment to protecting the rights of vulnerable dependents and ensuring that defaulters are held accountable through robust legal mechanisms. Legal Context and Judicial Rationale The Supreme Court’s ruling arises in the context of persistent challenges in enforcing maintenance orders, particularly under Section 125 CrPC, which obligates spouses and parents to provide for dependents who are unable to maintain ...

By Abhishek Jat, Advocate The Supreme Court of India, in its recent decision in Shahjahan vs State of Uttar Pradesh , has provided critical clarity on the legal standing of religious adjudicatory forums such as the 'Court of Kazi', 'Darul Kaja', and 'Sharia Court' within the Indian legal system. The judgment reaffirms that these bodies, regardless of their designation, do not possess any statutory authority under Indian law, and their pronouncements or directions are not legally binding or enforceable. Case Overview The dispute arose when the appellant-wife, married to the respondent-husband under Islamic customs, sought maintenance for herself and her children under Section 125 of the Code of Criminal Procedure (CrPC). The Family Court, and subsequently the High Court, denied her claim for maintenance, primarily relying on a compromise deed executed before a 'Court of Kazi' and making adverse findings on her conduct. The courts also awarded only a mo...