domestic violence act
rama krishna cholleti
(Querist) 24 March 2013
This query is : Resolved
Divorced Muslim woman can claim maintanace and protection or shelter from divorced husband any citation ?pl ...
rama krishna cholleti
(Querist) 24 March 2013
Any ruling sc or aphc iam appearing for respondent/ husband.
Devajyoti Barman
(Expert) 24 March 2013
The divorced woman =Hindu or Muslim can not seek relief under PWDV Act.
She can however claim maintenance u/s 125 crpc if not remarried in the meantime.
R.K Nanda
(Expert) 24 March 2013
state full facts.
ajay sethi
(Expert) 24 March 2013
Muslim women entitled to maintenance after iddat: SC
Sanjay K Singh, ET Bureau Dec 5, 2009, 04.23am IST
NEW DELHI: The Supreme Court on Friday ruled that a divorced Muslim woman is entitled to receive maintenance from her husband as long as she does not remarry, not just till the iddat period.
The iddat is the period of waiting that has to be observed by a Muslim woman upon the death of her husband or divorce, or the termination of the marriage contract through Khul'a (divorce at the instance of the wife), or the annulment of the marriage by some other manner. The woman has to stay in house for a specified period of time. Until this period expires, she is not supposed to go out and meet people apart from her blood relations. This period is called iddat.
It is held that if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband even after the expiry of iddat, as long as she does not remarry, under Section 125 of the CrPC," said a bench comprising Justice B Sudershan Reddy and Justice Deepak Verma.
The bench perusing various judgments said: "It would make it crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her ex-husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to divorced Muslim women too."
The apex court set aside the order passed by the Gwalior bench of the MP High Court and remanded the matter to the family court of Gwalior to decide it on merit. The high court had dismissed the petition filed by one Shabana Bano, who then approached the apex court. Ms Bano was married to Imran Khan according in Gwalior on November 26, 2001.
She filed a petition under Section 125 of the CrPC in the family court, Gwalior. Imran contended that under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986, she is not entitled to any maintenance after the expiry of iddat.
The court, however, allowed her plea to the extent of Rs 2,000 per month towards maintenance from the date of institution of the petition till the date of divorce, on August 20, 2004, and further from that date till the expiry of iddat. But the amount of maintenance thereafter was denied.
She carried the matter further by filing complaint before the Gwalior bench of the High Court of Madhya Pradesh. It was dismissed.
Raj Kumar Makkad
(Expert) 24 March 2013
The judgment is self speaking. Prior to the cited judgments, Hon'ble Supreme court has already decided a number of similar cases on similar lines.
