13 August 2010

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Divorced Muslim Females Have Right to get maintenance under Section 125 CrPC –

Divorced Muslim Females Have Right to get maintenance under Section 125 CrPC –

Reality views by sm –
Friday, August 13, 2010

The Delhi High Court has said that irrespective of Muslim personal laws, under which
The husband is bound to maintain his wife only during Iddat period which is around three months after divorce; the wife is entitled for maintenance under Criminal Procedure Code till she remarries.

"Petition under Section 125 CrPC (pertaining to award of maintenance)
Would be maintainable (for the wife) before Family Courts so long as she
Does not remarry and the amount of maintenance to be awarded under the
Act cannot be restricted for Iddat period only," the court said while
Referring to a Supreme Court judgment. It further said that the husband
Owes responsibility to maintain not only his ex-wife but also the minor
Children living with her

The court passed the order while dismissing a petition filed by a man
Challenging a lower court''s award of maintenance of Rs 2,000 per month
To his minor daughter living separately with her mother.
Brushing aside the man’s contention that the right to get maintenance for the minor children ceases after two years of divorce as provided in personal law, the court
Said that the sustenance right cannot be restricted unless the divorcee gets

This law is very confusing regarding Muslim divorced females and you will find different judgments by different High courts.


Neha August 14, 2010  

totally second you here..the judgments vary with each case..and the laws are indeed ambiguous..

sm,  August 14, 2010  


Sweatha Sanjana,  August 14, 2010  

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Samvedna August 14, 2010  

laws should be crystal clear, as its our system makes it difficult to get justice.

sm,  August 14, 2010  

Sweatha Sanjana,,

sm,  August 14, 2010  


Anonymous,  August 16, 2010  

I was under the impression that they don't give alimony as per their religion. Why are the judgments of different courts different? Quite infuriating really....

sm,  August 16, 2010  

They follow their personal laws. In future will write more on this also.

rahul,  August 24, 2010  

laws should be clear.