chief
Prime VIP
New Delhi, August 13
A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, the Delhi High Court has said.
The court said irrespective of Muslim personal laws, under which the husband is bound to maintain his wife only during Iddat period which is around three months after divorce, the wife is entitled for maintenance under Criminal Procedure Code till she remarries. “It is crystal clear that even a Muslim divorced woman would be entitled to claim maintenance from a Muslim husband till she has not married (again). This being a beneficial piece of legislation (CrPC), the benefit must accrue to the divorced Muslim women,” the court said. “Petition under Section 125 CrPC (pertaining to award of maintenance) would be maintainable (for the wife) so long as she does not remarry and the amount of maintenance to be awarded under the Act cannot be restricted for Iddat period only,” the court said.
A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, the Delhi High Court has said.
The court said irrespective of Muslim personal laws, under which the husband is bound to maintain his wife only during Iddat period which is around three months after divorce, the wife is entitled for maintenance under Criminal Procedure Code till she remarries. “It is crystal clear that even a Muslim divorced woman would be entitled to claim maintenance from a Muslim husband till she has not married (again). This being a beneficial piece of legislation (CrPC), the benefit must accrue to the divorced Muslim women,” the court said. “Petition under Section 125 CrPC (pertaining to award of maintenance) would be maintainable (for the wife) so long as she does not remarry and the amount of maintenance to be awarded under the Act cannot be restricted for Iddat period only,” the court said.
