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`Divorced Muslim woman can claim maintenance as long as she does not remarry`

The Lucknow Bench of the Allahabad High Court has held that a divorced Muslim woman is entitled to claim maintenance from her husband under the Code of Criminal Procedure after the expiry of the period of iddat, unless she remarries.

In Islamic law, a divorced woman has to wait for about three months during the ‘iddat’ period before remarrying.

The High Court said that the provision of section 125 CrPC is a beneficial law and hence its benefit should reach the divorced Muslim women also.

A bench of Justice KS Pawar on Monday passed the order allowing the revision petition filed by a Muslim woman.

The bench directed that the amount of maintenance shall be paid to the Muslim woman from the date of filing the application for maintenance in the trial court.

Setting aside the order passed by a revisional court on April 11, 2008, Justice Pawar said, “In view of the judgment of Bano v Imran Khan by the Supreme Court in 2009, I have no hesitation to hold that the view was taken The revisional court is contrary to the law laid down by the Supreme Court. The revisionist wife, being a divorced Muslim woman, was entitled to claim maintenance under section 125 CrPC.”

A Muslim woman had moved a trial court seeking maintenance for herself and her two minor children.

On January 23, 2007, the trial court had ordered maintenance from the date of passing of the order.

The husband challenged the order of the trial court by filing a revision petition before the Additional Sessions Judge (ASJ), Pratapgarh.

The ASJ reversed the trial court’s order on 11 April 2008 and held that since both husband and wife were Muslims, the Muslim Women (Protection of Rights on Divorce) Act, 1986 was applicable in their dispute and so was Section 125 CrPC. Not entitled to alimony under

The wife, aggrieved by the ASJ’s order passed on 11 April 2008, moved the High Court in 2008.

Accepting his plea, the HC said, “There is no illegality in the order passed by the lower court in which he ordered maintenance of the wife and her minor children under section 125 of CrPC.”

The HC further said that the maintenance amount to the wife and children would be paid from the date of filing the application before the trial court as was done in a recent judgment by the Supreme Court.

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