Muslim woman protection on divorce
ASIT
(Querist) 22 January 2013
This query is : Resolved
Can anyone provide me some judgements which states that divorced Muslim woman did not entitled for any maintenance after iddah period under the section 3 of above act?
ajay sethi
(Expert) 22 January 2013
Muslim women entitled to maintenance after iddat: SC
Sanjay K Singh, ET Bureau Dec 5, 2009, 04.23am IST
NEW DELHI: The Supreme Court on Friday ruled that a divorced Muslim woman is entitled to receive maintenance from her husband as long as she does not remarry, not just till the iddat period.
The iddat is the period of waiting that has to be observed by a Muslim woman upon the death of her husband or divorce, or the termination of the marriage contract through Khul'a (divorce at the instance of the wife), or the annulment of the marriage by some other manner. The woman has to stay in house for a specified period of time. Until this period expires, she is not supposed to go out and meet people apart from her blood relations. This period is called iddat.
It is held that if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband even after the expiry of iddat, as long as she does not remarry, under Section 125 of the CrPC," said a bench comprising Justice B Sudershan Reddy and Justice Deepak Verma.
The bench perusing various judgments said: "It would make it crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her ex-husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to divorced Muslim women too."
The apex court set aside the order passed by the Gwalior bench of the MP High Court and remanded the matter to the family court of Gwalior to decide it on merit. The high court had dismissed the petition filed by one Shabana Bano, who then approached the apex court. Ms Bano was married to Imran Khan according in Gwalior on November 26, 2001.
She filed a petition under Section 125 of the CrPC in the family court, Gwalior. Imran contended that under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986, she is not entitled to any maintenance after the expiry of iddat.
The court, however, allowed her plea to the extent of Rs 2,000 per month towards maintenance from the date of institution of the petition till the date of divorce, on August 20, 2004, and further from that date till the expiry of iddat. But the amount of maintenance thereafter was denied.
She carried the matter further by filing complaint before the Gwalior bench of the High Court of Madhya Pradesh. It was dismissed.
Adv.R.P.Chugh
(Expert) 22 January 2013
The Law as it stands stipulates that the lady has the right to maintenance till her remarriage, not just confined to her iddat, however the reasonable and fair provision for her entire life have to be made within the period of her iddat.
Devajyoti Barman
(Expert) 23 January 2013
It is well established.
Do not waste time searching for decision which suit your need.
V R SHROFF
(Expert) 23 January 2013
Muslim man has to maintain divorced wife till she remarries: Delhi HC
Published: Friday, Aug 13, 2010, 17:43 IST
Place: Bangalore | Agency: PTI
A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, the Delhi high court has said.
The court said that irrespective of Muslim personal laws, under which the husband is bound to maintain his wife only during Iddat period which is around three months after divorce, the wife is entitled for maintenance under Criminal Procedure Code till she remarries.
"It is crystal clear that even a Muslim divorced woman would be entitled to claim maintenance from a Muslim husband till she has not married (again). This being a beneficial piece of legislation(CrPC), the benefit must accrue to the divorced Muslim women," the court said.
"Petition under Section 125 CrPC (pertaining to award of maintenance) would be maintainable (for the wife) before Family courts so long as she does not remarry and the amount of maintenance to be awarded under the Act cannot be restricted for Iddat period only," the court said while referring to a Supreme Court judgment.
It further said that the husband owes responsibility to maintain not only his ex-wife but also the minor children living with her.
The court passed the order while dismissing a petition filed by a man challenging a lower court's award of maintenance of Rs2,000 per month to his minor daughter living separately with her mother.
Brushing aside the man's contention that the right to get maintenance for the minor children ceases after two years of divorce as provided in personal law, the court said that the sustenance right cannot be restricted unless the divorcee gets remarried.
"I consider that this contention is baseless. Even a wife who has been divorced under Muslim Law is entitled to claim maintenance under the Criminal procedure code after the Iddat period.
"I consider that the benefit cannot be denied to a minor daughter because of any restrictive provision contained in Muslim Women (Protection of Rights on Divorce) Act, 1986," Justice Dhingra said.
prabhakar singh
(Expert) 23 January 2013
Iddat is observed only to decide parentage in case she is found pregnant before divorce and prohibition to stay away from public is also for the same reason.
Maintenance under s.1125 Cr.P.C. is always available to her unless she remarriage after divorce.
The succession law with regard to agricultural land in U.P. is governed by
U.P.Z.Act,which denies right to succession to ladies and that is against Shariat Law but I never found anyone agitating it because law there is pro men.
M V Gupta
(Expert) 24 January 2013
I am a bit confused. Section 4 of the Muslim Women (Protection of rights on divorce) Act, 1986 was passed to overrule the secular judgment of the SC in Sha Banoo's Case which made the husband liable to pay alimony to his divorced wife who has not remarried even after the period of iddat. Section 4 of the Act clearly provides that after the period of iddat the magistrate may direct the relatives of the divorced woman who are entitled inherit her property under the Muslim law to pay her maintenance: if the relatives are so poor as not to be able to pay or if there are no such relatives, then the Magistrate should order the State Wakf Board to pay her maintenance. How do the judgments cited above overcome the provisions of the ACt? Experts may pl clarify.
M V Gupta
(Expert) 26 January 2013
Dear Mr. Nadeem you have not answered my query. How the judgments sited above have overcome the provisions of Sec 4 of the MW Act which was passed specifically to overcome the Shah Bano's judgement of the SC under Sec 125 CrPC.
Khaleel Ahmed
(Expert) 27 January 2013
I would like to explain in single sentence . After the divorce husband shall not be responsible to pay maintenance to divorcee as per the act of 1986.
ashok kumar singh
(Expert) 27 January 2013
right to get maintenance can not waive by any personal law.
V R SHROFF
(Expert) 27 January 2013
Ahmedji,
Recent citations [SC, HC judgements] goes beyond those acts.
Mtn is must... Survivor they say......
