Fair provision and maintenance

Dear Vijay

In a significant ruling, the Supreme Court has held that a divorced Muslim woman who has not remarried is entitled to maintenance from her ex-husband even after the "iddat" (three months) period

A bench of justices B Sudershan Reddy and Deepak Verma rejected husband Imran Khan's contention who cited the Muslim Women (Protection of Rights on Divorce) Act, 1986 and claimed that his divorced wife Shabana Bano was not entitled to any maintenance allowance after the 'iddat' period as held in the sensational Shah Bano case.

The apex court held that under Section 125 CrPC and 7 of the Family Courts Act, 1984 even a Muslim woman can claim maintenance from her husband as long as she is not remarried.

The ruling assumes significance as the bench quashed the ruling of a trial court and the Madhya Pradesh High Court which had taken the view that a Muslim woman is not entitled to maintenance after the 'iddat' period.

"The appellant's petition under Section 125 of the CrPC would be maintainable before the Family Court as long as appellant does not remarry. The amount of maintenance to be awarded under Section 125 of the CrPC cannot be restricted for the iddat period only," the bench observed.

"It crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women," the apex court said citing the judgements in the Danial Latifia and Iqbal Bano cases.

thanks quereshi

Read Daniel Lataffi judgement.

It is exhaustive on this issue.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com