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MASTHAN (Self employeed)     10 November 2010

diff b/w 125 Crpc and sec 3 of Muslim woment protection ACT

 

Hi All,

Can any one explain how maint u/s125 Crpc differs from u/s 3 of Muslim woment protection ACT 1, 1956?

Thanks,
Masthan


Learning

 4 Replies


(Guest)

The major difference is that section 125 Criminal Procedure code 1973 is a provision of general law and applicable for maintenane of wives ( Married or Divorced) , children ( Legitimate or Illegitimate )and parents irrespective of the fact to which community they belongs while section 3 of Muslim woman Protection of Rights on Divorce Act is a special provision Enacted to protect the rights of Muslim divorced women only

MASTHAN (Self employeed)     10 November 2010

Hi Naresh Chandra,

Thanks for quick reply.

1. Can a divorced muslim woment file case on her ex-husband using both the sections (125 Crpc and section 3 of Muslim woman protection of Rights) ?

2. What it is the correct section for her relief ?

Thanks,

Masthan

 

 


(Guest)

Dear contributor,

Special law prevail over general law , The provisions of section 125 Cr.P.C. are of interim nature to provide unrgent relief and subject to other matrimonial laws, hence she is entitled to acquire the benefits of Muslim Women ( Protection of Rights on Divorce ) Act.


(Guest)

Mr. cntributor

Muslim women can continue the benefits of sec.125 Cr.P.C even after period of Iddat till she does not remarry


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