Noor Saba Khatoon, Appellant v. Mohd. Quasim, Respondent.

Criminal P.C. (2 of 1974), Section 125 – Muslim Women (Protection of Rights on Divorce) Act (25 of 1986), Sec. 3 - Right to maintenance of Muslim children under - They are entitled to claim maintenance for period till they attain majority or are able to maintain themselves - Females are also similarly entitled till they get married - Right not restricted, affected or controlled by Sec. 3(1) of Muslim Women (Protection of Rights on Divorce) Act - Children living with divorced wife Immaterial.

... The right is not restricted, affected or controlled by divorcee wife's right to claim maintenance for maintaining the infant children in her custody for a period of two years from the date of birth of the child concerned under Section 3(1)(b) of the 1986 Act. In other words Section 3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parents to claim maintenance from their father under Section 125, Cr.P.C. (Source: AIR 1997 Supreme Court 3280)