Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC Even After 'Iddat' Period Until She Remarries: Allahabad HC

The Allahabad High Court has observed that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for her whole life unless she is disqualified for the reasons such as marriage with someone else.

While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled to maintenance under Section 125 Cr.P.C

The Court relied upon Supreme Court's ruling in the cases of Danial Latifi vs Union of India a 2001 Law Suit(SC) 1293, Shabana Bano v. Imran Khan (2010) 1 SCC 666, Shamim Bano v. Asraf Khan (2014) 12 SCC 636, Shamima Farooqui v. Shahid Khan AIR 2015 SC 2025 wherein it was held that a Section 125 CrPC plea filed by a divorced woman would be maintainable before the Family Court as long the woman does not remarry and the amount of maintenance to be awarded under Section 125 of the Cr.P.C. cannot be restricted for the iddat period only.

Essentially, the marriage/Nikah of revisionist with opposite party No.2 had taken place in the year 2 2006 but she was divorced by her husband in August 2009. The revisionist, who did not remarry, along with her minor children, filed a case under Section 125 Cr.P.C. against the opposite party No.2 claiming maintenance for herself and her minor children.

Though the Family Court granted maintenance to the minor daughter of the parties, the claim of revisionist was rejected by the Court below.

Challenging the order of the family court, the revisionist moved the High Court by relying upon several decisions of the Top Court and Allahabad High Court's ruling in the case of Jubair Ahmad vs. Ishrat Bano 2019(3)DMC 789 to submit that a divorced Muslim wife is entitled for maintenance under Section 125 Cr.P.C. even after the iddat period, till she re-marries. 

Taking into account the facts, circumstances of the case, and settled position of law, the Court went ahead to allow her revision plea, and the order passed by the Family Court was set aside. The Court also remitted the matter back to the Court concerned to decide the claim of the revisionist under section 125 CrPC and pass an order afresh in accordance with the law.

Last year as well, reiterating the law laid down in the case of Shabana Bano vs. Imran Khan, the Allahabad High Court observed that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after the expiry of the period of iddat as long as she does not remarry.

Last year itself, the Allahabad High Court also observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. to succor her needs.

Appearances

Counsel for Revisionist: Chandra Bhushan Tiwari

Counsel for Opposite Party: G.A., Vinayak Varma

Case title - Shakila Khatun vs. State of U.P. and Another [CRIMINAL REVISION No. - 3573 of 2021]

Case Citation:

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