Kanooni Charcha: Right of Muslim Divorced woman to claim maintenance under section-125 of code of Criminal Procedure
Kanooni charcha by Advocate Alihisa Kohli with Rtd Judge Subash Gupta/ Former Member Public Service Commission j&k -Topic -Right of Muslim Divorced woman to claim maintenance under section-125 of code of criminal procedure till her remarriage -Under Muslim Personal law -Claim for maintenance by divorced women till Iddat period -Judgement of Hon’ble Supreme Court of India of year 1985 in Shah Bano case -Upholding right of divorce women to claim maintenance till her remarriage under section 125 of Code of criminal Procedure-Right of Muslim women (Protection of Rights on Divorce)Act 1986 -Upholding validity of this Act in Case of Daniel Latiffl by Supreme Court of India (2001) -Maintenance granted by a family court of Talegana state under section 125of code of Criminal Procedure assailed before Hon’ble High Court of Telegana On 19-2-2024 -Judgement was reserved by Supreme Court of India in the SLP filed by Husband against the Order of Telegana High Court -Plea has been raised by the husband that with the enactment of special law -The Muslim women (Protection of Right on Divorce) Act 1985-divorcee cannot invoke section 125of code of criminal procedure for claiming maintenance-She has only right to approach under the Act for claiming maintenance -Wait for Judgement of Supreme Court of India in the matter.
