A divorced Muslim woman in India is entitles to claim maintenance under Section 125 of the CrPC (Code of Criminal Procedure) for her entire life if she is not disqualified to do by entering into a second marriage, the Allahabad High Court (HC) has ruled. Section 125 of the CrPC establishes the rules on granting of maintenance to wives, children and parents.
While setting aside the order of a family court, in which the lower court has refused relief to one Shakila Khatun, the HC said, “A divorced Muslim woman is entitled to claim maintenance under Section 125 of CrPC even for the period after Iddat and for her whole life unless she is disqualified for the reason such as marriage with someone else.”
Iddat is the period after the divorce of the demise of the husband in which a Muslim woman has been instructed to refrain from getting married again.
Shakila Khatun has married her husband in 2008, and divorced him in 2009. She them moved a plea in the family court seeking maintenance for herself and her minor daughters under Section 125 of the CrPC. While allowing the maintenance for the children, the family court disallowed maintenance for Khatun.
While giving its verdict, the HC relied on various Supreme Court orders in the past, including Danial Latifi versus Union of India, Shabana Bano versus Imran Khan, etc.
In Bai Tahira versus Ali Hussain Fidaalli Chothia and Fuzlunbi versus K Khader Vali caes, the Supreme Court had reiterating the following stance: “If the divorced wife is able to maintain herself, the husband’s liability to provide maintenance for her ceases with the expiration of the period of iddat but if she is unable to maintain herself after the period of iddat, she is entitled to take recourse to Section 125 of the Code. The outcome of this discussion is that there is no conflict between the provisions of Section 125 and those of the Muslim Personal Law on the question of the Muslim husband’s obligation to provide maintenance for a divorced wife, who is unable to maintain herself.”
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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