Muslim Women’s Right to Maintenance

Recently, a division bench of the Supreme Court (SC) reserved its judgment in a plea on whether a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code.

About the Case

  • The maintenance petition was filed under Section 125 of the CrPC by a divorced Muslim woman.
  • The petitioner’s argument, as presented by senior counsel, suggests that under the 1986 Act, a divorced Muslim woman is not entitled to pursue a maintenance petition under Section 125 of the Criminal Procedure Code (CrPC) 1973.
  • Instead, she should proceed under the specific provisions of the 1986 Act, which, according ....
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