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The Supreme Court held that divorced Muslim women are entitled to maintenance under the “secular” Section 125 of the Code of Criminal Procedure
Rights of divorced Muslim women
A remedy under the secular statutory provision of Section 125 of the Cr.PC cannot be foreclosed for divorced Muslim women by virtue of enactment of a personal law remedy under the Muslim Women (Protection of Rights on Divorce) Act, 1986
A divorced Muslim woman is entitled to all rights of maintenance available to other equally situated women in the country
Section 3 of the 1986 Act requires a man to provide for a “reasonable and fair provision of maintenance” to his divorced Muslim wife only during the iddat period
Once the iddat period expires, the personal law obligation to maintain the divorced Muslim woman ceases.
On the other hand, Section 125 mandates a husband to provide monthly maintenance to his divorced wife, irrespective of her faith.
“Any divorced wife who has not remarried is entitled to maintenance by her ex-husband who has sufficient means but has neglected or refused to maintain her,” court said
Further, the 1986 Act holds a Muslim man liable to pay his divorced wife maintenance for their children for only a period of two years from birth
Section 125 requires a husband to pay for their children till they attain the age of majority.
Again, there is no upper limit fixed for payment of maintenance under Section 125, making it a more beneficial provision compared to the 1986 law
The choice is left to the Muslim woman to apply for maintenance either under Section 125 or the 1986 Act.
If a Muslim woman is unable to maintain herself, she could apply for maintenance under Section 125.
If, on the other hand, she is able to take care of herself financially, she could very well seek maintenance under the 1986 Act till the expiry of the iddat period
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