syed rushaid hasan (trainee advocate) 28 August 2012
dear sir / madam i want to know that can a muslim woman obtain maintanance if yes then what about muslim welfare and muslim woman property protection act which is passed by parliyament to decrease the value of shahbano case judgement. In present time can a muslim woman obtain maitanance from her husband when her husband willing to governed by muslim personal law(shariyat rules).
Adv Archana Deshmukh (Practicing Advocate) 28 August 2012
As per the ratio laid down by the SC in the case of Shabana Bano Vs. Imran Khan, it was held that even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C. after the expiry of period of iddat also, as long as she does not remarry. The law laid down by the SC is binding upon all the citizens of India irrespective of whether a person wants himself to be governed by traditional muslim law or not.
syed rushaid hasan (trainee advocate) 29 August 2012
thanx madam for reply but i think u give shahbano case reference, but i read somewhere that MWMWPP ACT gives option to both that they mutually select the civil or shariyat rules, but why man select civil law in that case woman can't do any thing. so please clarify my that question.
Adv Archana Deshmukh (Practicing Advocate) 29 August 2012
Read it again...........its Shabana Bano Vs. Imran Khan and not Shahabano case.
Refer to (2010) 1 SCC 666.
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