s 125 and divorced muslim woman


can a divorced Muslim woman claim maintenance from her former husband under Section 125 Cr.P.C. ?

 
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general manager

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.

 
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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.

 
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Scientist/Engineer

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.

 
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In present time it is possible yes she can take maintenance 

 
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Scientist/Engineer

I did not notice that this chat is 11 years old. It is high time to close this thread.

 
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Advocate

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. 

 
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