maintenance
Syed Ali
(Querist) 04 August 2011
This query is : Resolved
I am a muslim and divorced my wife after 15 yrs. Is she eligible for maintenance under Muslim personal Law. Pl give references vis-a-vis AIR cases.
M.Sheik Mohammed Ali
(Expert) 04 August 2011
untill not paid mahr, you will liable to give mahr or maintenance.
M/s. Y-not legal services
(Expert) 04 August 2011
yes.. still she is eligible to claim maintenance.. as a husband its your duty to maintain her.. if there any family settlement between yours mean you need not to give maintenance
Raj Kumar Makkad
(Expert) 04 August 2011
You have to pay maintenance under section 125 Cr. PC s held by Apex Court in may recent judgments.
I put hereunder a similar judgment for your reference:
Muslim women entitled to maintenance even after 'iddat': SC
In a significant ruling, the Supreme Court has held that a divorced Muslim woman who has not remarried is entitled to maintenance from her ex-husband even after the "iddat" (three months) period. A bench of justices B Sudershan Reddy and Deepak Verma rejected husband Imran Khan's contention who cited the Muslim Women (Protection of Rights on Divorce) Act, 1986 and claimed that his divorced wife Shabana Bano was not entitled to any maintenance allowance after the 'iddat' period as held in the sensational Shah Bano case.
Muslim women entitled to maintenance even after `iddat`: SC
The apex court held that under Section 125 CrPC and 7 of the Family Courts Act, 1984 even a Muslim woman can claim maintenance from her husband as long as she is not remarried.
The ruling assumes significance as the bench quashed the ruling of a trial court and the Madhya Pradesh High Court which had taken the view that a Muslim woman is not entitled to maintenance after the 'iddat' period.
"The appellant's petition under Section 125 of the CrPC would be maintainable before the Family Court as long as appellant does not remarry. The amount of maintenance to be awarded under Section 125 of the CrPC cannot be restricted for the iddat period only," the bench observed.
"It crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women," the apex court said citing the judgements in the Danial Latifia and Iqbal Bano cases.
