A Divorced Muslim Woman Is Entitled To Maintenance Under Section 125 Crpc Until She Remarries: HC Allahabad
Unless she is disqualified for reasons like marriage to someone else, the Allahabad High Court has noted that a divorced Muslim woman is eligible to claim maintenance under Section 125 CrPC even for the time after iddat and for the rest of her life.
A divorced Muslim woman is not eligible for maintenance under Section 125 Cr.P.C., the Justice Raj Beer Singh bench held while setting aside an order from the Family Court that dismissed the divorcee’s claim under Section 125 CrPC.
The Court cited the Supreme Court’s decisions in the cases of Shamim Bano v. Asraf Khan (2014) 12 SCC 636, Shamima Farooqui v. Shahid Khan, Shabana Bano v. Imran Khan (2010) 1 SCC, and Danial Latifi v. Union of India a 2001 Law Suit(SC) 1293. In AIR 2015 SC 2025, it was decided that a divorced woman’s Section 125 CrPC petition before the Family Court would be maintainable so long as the woman did not remarry and that the amount of maintenance to be awarded under Section 125 of the Cr.P.C. could not be limited to the iddat time alone.
In essence, the revisionist’s marriage to opposite party No. 2 occurred in the year 2006, but her spouse filed for divorce from her in August 2009. The revisionist, who did not remarry, and her minor children filed a lawsuit under Section 125 of the Criminal Procedure Code (Cr.P.C.) against the opposing party No. 2, requesting support for both parties.
Although the Family Court awarded the parties’ minor daughter maintenance, the Court below denied the revisionist claim.
A divorced Muslim wife is entitled to maintenance under Section 125 of the Criminal Procedure Code even after the iddat period, up until she remarries, according to a revisionist who filed a petition with the High Court challenging the family court’s decision and citing several decisions of the Supreme Court.
Her revision plea was accepted by the court, and the Family Court’s ruling was revoked in light of the case’s facts, particulars, and established legal position. The Court also sent the case back to the relevant court so that it could determine the revisionist’s claim under section 125 of the Criminal Procedure Code and issue a new, legal order.
The Allahabad High Court noted that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after the expiration of the period of iddat as long as she does not remarry last year, repeating the law established in the case of Shabana Bano vs. Imran Khan.
The Allahabad High Court stated in its ruling from the previous year that a Muslim lady has the right to request support from her husband under Section 125 of the Indian Penal Code.
News Mania Desk
