A Muslim woman is entitled to maintenance after divorce under Section 125 of the CrPC until she remarries --Allahabad High Court

The Lucknow Bench of the Allahabad High Court Dismissing the revision petition filed by a Muslim husband, observed that a Muslim woman has the right to receive maintenance not only for the period of iddat after divorce but also until she remarries.                                                                         The court has determined that a Muslim woman has the right to receive maintenance under Section 125 of the CrPC even after divorce from her husband.The right of a woman to get maintenance is not limited to the period of Iddat only, but this right is till the woman remarries.                                                                          The court has given this decision rejecting the review petition of Anwar alias Shanu.                                                                             As per the facts of the case, the petitioner's wife had applied for maintenance under Section 125 Cr.P.C. in the trial court.The lower court, while accepting the wife's application, ordered the petitioner to pay maintenance of ₹ 3000 to his wife and ₹ 2000 per month to the minor daughter.                                                         The petitioner challenged the decision of the lower court through a revision petition in the High Court.                                 A single judge bench of Justice Ajay Kumar Srivastava heard the revision petition.                                                                              The petitioner argued that he had divorced the woman as per Muslim law and given her dowry amounting to ₹ 155000 and her jewelery In the facts and circumstances of the present case, if the wife is not capable of maintaining herself, she may seek maintenance from the concerned Waqf Board.Wife opposes husband's revision petition.                                             After hearing the arguments of both the parties, the bench dismissed the revision petition saying that The fact of divorce has to be proved on the basis of evidence.Mere recording of the fact of grant of divorce to a woman in writing cannot automatically be assumed to make the divorce effective.The Court said therefore the petitioner has failed to prove that he had divorced his wife.The court further observed that even if it is assumed that the petitioner had divorced his wife as per the Muslim law, it would not have denied maintenance to the wife in the light of the judgment of the Supreme Court.Referring to the Daniel Latifi and Shamima Farooqui judgments of the Supreme Court, the court said that the Apex Court has laid down in the above cases that a Muslim wife is entitled to maintenance under Sect

ion 125 of the Cr.P.C even after divorce from her husband till she remarries.