There has been lot of confussion as to the application of Section 125, CrPC to Muslim women seeking maintenance. A new Supreme court judgment of 2009 (Shah bano v/s Imran khan,2009,SC) says that muslim husband is liable to pay maintenance even after expiry of 'iddat ' period, until she remarries.
What will be the effect of this judgment on the scope of "The muslim women(Protection of Rights on Divorce) Act, 1986" ? And especially in context of Sec 5 of this act which gives a says that by default this act would apply Unless both husband & wife jointly through affidavit prefer to be governed by Sec 125, CrPC. Can the wife still unilaterally ask maintenance u/s 125, CrPC?
