From Shah Bano to Shabana Bano: Divorced Muslim Women And Right To Claim Maintenance Under Section 125 CrPC

Ashok Kini

22 July 2019 8:22 AM IST

  • From Shah Bano to Shabana Bano: Divorced Muslim Women And Right To Claim Maintenance Under Section 125 CrPC

    "She having chosen to move under the Code cannot be said to be debarred under law on the ground that she is a divorced Muslim lady."

    In 2009, the Supreme Court categorically 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 Criminal Procedure Code after the expiry of period of iddat also, as long as she does not remarry. Even a decade after the law was so settled by the Supreme Court, many courts are still confused about...

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