Facts:

This case specifically deals with the concept of maintenance of the child born out of the marriage after the divorce between the man and the woman. Md. Quasim was married to Noor Saba and had three children from the marriage. The respondent left the appellant with her three children without divorce and remarried to another woman. Later the wife filed an application under Section 125 CrPC for maintenance of herself and her three children which was allowed. The respondent divorced her and approached the High Court claiming that since he has divorced her, the Muslim Women Protection Act, 1986 shall apply according to which he does not need to maintain his wife and children after two years of their birth.

Issue:

Whether the children out the Muslim marriage shall be entitled to maintenance under the Cr PC after the divorce of the couple.

Held:

The court held that the child shall be entitled to demand maintenance under 125 of the Code of Criminal procedure and also from the Muslim woman (protection of rights on divorce) Act. The father shall be liable to pay maintenance to the son until he attains the age of majority and stabilize himself and provide for himself. Further, the father shall be liable to maintain his daughter till the time she is married.