SC taken aback by UP counsel opposing maintenance plea by Muslim woman, daughter

New Delhi: The Supreme Court was taken aback by the Uttar Pradesh state counsel opposing a plea for maintenance filed by a Muslim woman and her minor daughter from her husband under Section 125 of the Criminal Procedure Code.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said, "The approach of the State in taking the side of the husband in a maintenance case, to say the least, is very strange."

Hearing the appeal by the woman and the daughter, the bench said the counsel, who appeared for the State before the high court, was under a duty and obligation to act as an officer of the court and to assist it in arriving at a correct conclusion.

The woman and the daughter were aggrieved by the Allahabad High Court's order reducing the monthly maintenance amount from Rs 12,000 per month fixed by the family court by Rs 2,000 without even issuing notice to the husband and relying upon the state counsel's submission.

"We are surprised to note that the counsel for the State has taken up the cause of the husband," the bench said.

The court set aside the high court's "cryptic" order and sent it back for fresh consideration. Partly allowing the appeal, the bench restored the family court order.

The bench said this order would be forwarded to the Secretaries of the Home and Law Departments for the state of Uttar Pradesh.

However, the bench clarified that the Uttar Pradesh government will not blame or penalise the advocates who represented it before this court.

Recently, the Supreme Court's separate bench reserved judgement on a question whether a divorced Muslim woman is entitled to maintain a petition under Section 125 of the CrPC, in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986.