'Divorced Muslim woman can claim maintenance as long as she does not remarry'

Lucknow bench of Allahabad High Court has said that a divorced Muslim woman is entitled to claim maintenance from her husband under the Criminal Procedure Code after the expiry of the iddat period as long as she does not remarryIn Islamic law a divorced woman has to wait during the iddat period for about three months before she can remarryThe high court added that provision of section 125 of CrPC is a beneficial piece of legislation and hence its benefit must be reached to the divorced Muslim women tooA bench of justice K S Pawar passed the order on Monday allowing a revision petition filed by a Muslim womanThe bench directed that the Muslim woman would be paid the maintenance amount from the date of filing of the application for maintenance before the trial courtSetting aside the order passed by a revisional court on April 11 2008 Justice Pawar observed In view of the judgement of Bano vs Imran Khan rendered by the Supreme Court in 2009 I have no hesitation in holding that the view taken by the revisional court is contrary to the law laid down by the Supreme Court The revisionist wife being a divorced Muslim woman was entitled to claim maintenance under Section 125 CrPCA Muslim woman had moved to the trial court seeking maintenance for herself and her two minor childrenThe trial court had on January 23 2007 awarded maintenance to them from the date of order it had passedThe husband challenged the trial court order before the Additional Session Judge ASJ Pratapgarh by filing a revision pleaThe ASJ overturned the order of the trial court on April 11 2008 and said that since the husband and wife both were Muslim the Muslim Women Protection of Rights on Divorce Act 1986 was applicable in their dispute and hence she was not entitled to receive maintenance under Section 125 of the CrPCAggrieved from the order of the ASJ passed on April 11 2008 the wife moved to the high court in 2008Allowing her petition the HC observed There is no illegality in the order passed by the trial court in which it had awarded maintenance to the wife and her minor children under section 125 of CrPCThe HC further said that the maintenance amount would be paid to the wife and children from the date of filing of the application before the trial court as recently held by the Supreme Court in a verdictThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever