125 crpc

Yes, she can claim for maintenance.

There are a few rights of Muslim women after a divorce

A divorced woman is entitled to –

• A reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband.

• Where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision, and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children.

• An amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law.

• All the properties that are given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends.

Regards,

Anaita Vas

Hello,

Under section 125 of crpc there is no such stipulation that muslim woman should have intercourse before claiming under this section. So she can claim the maintenance. Crpc is applicable to everyone irrespective of religion. 

Sec 125 Cr.P.C provides right to maintenance to all woman irrespective of cast also the sec does not restrict or impose condition that muslim woman  should have inertcourse before claiming maintenance.

I agree with experts Mr. Shirish Pawar and Mr. Bhartesh Goyal, she is entitled for maintenance even if the marriage is not consumated.