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mosin.rasool (Standing Counsel)     25 May 2013

Muslim law divorce

Esteemed Lawyers,

          With respect n regards dat i am pleading a case on behalf of a male person who had divorced her wife by way of a proper document under Muslim Personal Law.But her divorced wife is claiming maintainance even though she had been divorce.So i need some recent juggements of 2013 (citation)under Muslim Personal Law so that a the her application will be dismissed as she had already been divorced.

                                                                                           Warm Regards

                                                                                           Advocate Mosin.


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 May 2013

But a muslim  woman is entitled to maintainance after divorce u/s. 125 crpc till her remarriage if she is unable to maintain herself. There is SC judgment to that effect.

Advocate.S.A.Siddiq (Advocate)     25 May 2013

divorced muslim women claim her rights ...viz.. Maintenance for iddat period, Mahr and other lumbsum benefits are under Divorced muslim women protection act . petition u/s 125 crpc  is not correct.  

Adv Archana Deshmukh (Practicing Advocate)     26 May 2013

S.125 is fully maintainable in respect of a muslim woman, you can refer to shabana bano vs imran khan case.

Advocate Ravinder (Advocate/Attorney)     26 May 2013

I completely agree with Archana, I have gone through the whole judgement of SC, shabana bano vs imran khan case. I am narrating the conclusive para as follows:


“ In the light of the aforesaid discussion, the impugned orders are hereby set aside and quashed. It is held that even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C. after the expiry of period of iddat also, as long as she does not remarry.”

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