Muslim Woman Can Claim Maintenance U/S 125 CrPC After Divorce Unless Husband Makes Provision for Future : HC

The Patna High Court has ruled that a divorced Muslim woman can seek maintenance under Section 125 CrPC if her husband fails to make 'reasonable and fair provisions' for her future during the iddat period.

The decision came in a case where the wife had alleged cruelty after the marriage, which forced her to return to her parents. She did not have a source of income and therefore claimed Rs. 15000 per month as maintenance. 

The husband argued that the marriage had ended mutually (mubarat), and he owed her nothing after paying 1,00,000 alimony, den mohar and iddat expenses.

Both the Family Court and High Court rejected this claim, affirming her entitlement to maintenance.

[Md Murshid Alam v. State of Bihar and Ors]