Divorced Muslim Woman eligible for maintenance if not remarried: Court

The 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 marry again.

As per Islamic law, a divorced woman has to wait during the ‘iddat’ period for about three months before she can remarry.

The 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 too.

A bench of justice K S Pawar on Monday, passed the order, allowing a revision petition filed by a Muslim woman.

The 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 court.