Is section 125 CrPC applicable to Muslims?

The Supreme Court explained this judgment by saying that, even if there is a conflict, section 125 of CrPC is a secular law, and hence, applies to all women, irrespective of their religion. It further stated that CrPC shall prevail over Muslim Personal Law in case of a conflict.

HOW FAR Section 125 of the CrPC is applicable to divorced Muslim wife?

It is held that even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr. P.C. after the expiry of period of iddat also, as long as she does not remarry.”

Can maintenance be claimed after divorce?

Maintenance Rights under the Hindu law: In accordance to Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956, divorced women have the complete right to claim maintenance. The husband is required to make and pay the maintenance amount unless the divorced wife remains chaste and single.

Can a divorced wife claim maintenance under CrPC?

If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance. However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband.

Who Cannot claim maintenance under 125 CRPC?

Under Section 125(l)(a) of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty.

Who can claim maintenance under 125 CRPC?

According to Section 125(l)(d) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance …

Can a divorced Muslim woman claim maintenance under Section 125 CrPC?

A divorced Muslim woman has right under Section 125 CrPC to claim maintenance even beyond the iddat period. If the woman is able to maintain herself then the liability of husband to maintain her ceases with the expiration of iddat period. However, on the inability of maintaining herself, she can take recourse of that section.

What are the rights of a divorced wife under Muslim law?

But the Muslim law does not provide for any maintenance to a divorced wife after the period of Iddat. With respect to maintenance of divorce wife under the Muslim Law, the right of maintenance commences on divorce or when she comes to know of the divorce and ceases on the death of her husband, as her right of inheritance supervenes.

Can a Muslim woman claim maintenance from her ex husband?

The Muslim Women (Protection of Rights on Divorce) Act, 1986 [24] is a declaratory law [25] and codifies some pre-existing rules of Muslim Law. Under this law, maintenance can be claimed from divorced husband, relatives or from Wakf Board.

Can a married woman be denied maintenance under Section 125 4?

Section 125 (4) contemplates a married woman. Wife living separately from husband with mutual consent does not mean wife who obtains divorce by mutual consent and lives separately and therefore cannot be denied maintenance on this ground, Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299. Is an earning wife entitled to maintenance?

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