can a divorced Muslim woman claim maintenance from her former husband under Section 125 Cr.P.C. ?
sharmilla ram (general manager) 02 March 2010
according to muslim personal law no.but it depends upon judge mood.he can say yes.coz now in india no muslim personal law exists.one allhabad judgement no but one sc judgement yes.in india no accountibility thats why judge can pass any judgement according to his wish not according to law.
Mansi Aggarwal 11 March 2021
Hello, thank you for your query.
Section 125 of the Criminal Procedure Code has been enacted with a specific purpose to protect women and children and to prevent vagrancy and destitution among them. This law is not religion-centric. It is an instrument of social justice and aims to render justice on the basis of equality to wife, in particular, maybe divorced including a divorced Muslim wife.
Hope this helps.
MPS RAMANI (Scientist/Engineer) 16 March 2021
The famous Shah Banoo case was on this question. The court ordered husband of Shah Banoo to give maintenance under Cr.P.C. 125. There was a rebellion by Muslims. Many burned the Indian Constitution. The secular Rajiv Gandhi with his brute majority in the Parliament passed the Protection of Muslim Women Act. It did not nullify Cr.P.C. 125. Many Muslim husbands are ordered to pay maintenance under Cr.P.C. 125 even now. Some used to resort to triple talak. Now even that is not possible.
MPS RAMANI (Scientist/Engineer) 17 March 2021
I did not notice that this chat is 11 years old. It is high time to close this thread.
ashok kumar singh (Advocate) 27 April 2021
yes, a Muslim woman can place her application under Section 125 of Cr.P.C. even after her divorce. the definition of "Wife" as meant for in terms of the provisions of Section 125 of Cr.P.C. is inclusive and therefore its include a divorce woman also. She is entitle to claim maintenance until she remarry or she is sufficiently able to earn her livelihood.
Arpita Chauhan 23 May 2021
To answer your question, Yes a Muslim Women can ask for maintenance under Section 125 of Code of Criminal Procedure from her divorced husband.
To make it clear, a Muslim Women can ask for maintenance from her husband from four sources:-
1. Muslim Personal Law
2. The Muslim Women (Protection of Rights on Divorce) Act, 1986
3. Section 125 of Code of Criminal Procedure
4. The Muslim Women (Protection of Rights on Marriage) Act, 2019
There has been a conflict about Muslim Women getting maintenance under CrPC and this was solved by the Honorable Supreme Court in the Shah Bano Case. The Apex Court said that, even if there is any conflict, the Code of Criminal Procedure is a secular law and hence it applies to all women, irrespective of their religion, which means that Muslim Women can ask for maintenance under Section 125 of CrPC.
The Honorable Apex Court also stated that in case of any conflict, the Code of Criminal Procedure shall prevail over Muslim Personal Law.
I hope I was able to help. However, I want to make it clear that this information is purely based on internet research, so, if there is any mistake then apologies.