As per Muslim Women Protection of rights on Divorce Act, 1986 the Muslim women are eligible for maintenance only during the period of Iddat. As per Section 5 of the said Act - 5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974 If on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973, and file such affidavit or declaration in the court hearing the application, the Magistrate shall dispose of such application accordingly.
In other words, Sections 125 to 128 of Cr.PC are applicable only if both the litigants agree during first hearing that the case be litigated under the provisions of Cr.PC. 125 to 128. If anyone of them do not agree to litigate under these provisions, the proceedings under Cr.PC. stand vitiated by operation of Section 5 of this Act. Every application under Sec. 125 of the Code made before or after divorce would be governed by 1986 Act. Under Sec. 4 of this Act, a divorced woman can obtain maintenance for post iddat period from her children, parents. other relatives and State Wakf Board, if there is any, if she avails this remedy.