Muslim Women Can Claim Maintenance Under Section 125 CrPC After Divorce : Patna High Court
- Case Name: X v/s Y
The Patna High Court has ruled that a Muslim woman is entitled to claim maintenance under Section 125 CrPC even after divorce if she cannot sustain herself, despite receiving maintenance for the iddat period.
The Court clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override Section 125 CrPC.
Citing the Danial Latifi and Md. Abdul Samad cases, Justice Jitendra Kumar observed that a former husband must ensure sufficient provision for his ex-wife.
The Court dismissed the husband’s unproven allegations of adultery and directed him to pay ₹2,000 each to his ex-wife and minor daughter.
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