Legal Question in Family Law in India

Yes you may seek maintenance under section 125 Crpc

Yes, she is legible for getting maintenance.

Shailesh Kumar

High Court Advocate

E-mail Id: [email protected]

Mobile No. : 8002842879

dear client she can ask maintenance under sec 125 from the husband. for proper discussion call me on 9422611385

ADV PRASAD PATIL

A qualified Muslim woman is entitled to claim maintenance from her husband as long as she does not re-marry. She has the right to claim maintenance even after the expiry of the iddat period and she can claim this right under Section 125 of CrPC.

There is a wide range of judgments in this regard. The Supreme Court has held in various cases that under Section 125 CrPC and 7 of the Family Courts Act, 1984 even a Muslim woman can claim maintenance from her husband as long as she is not remarried. You may refer to the judgments of Shah Bano Begum and Daniel Latifi.

You may also refer to the various judgments of High Courts, like Asif Saied Vs. Smt. S.M. Unnissan Rana And others, Molvi vs Kubra, H vs The State Of Maharashtra. The amount set for maintenance would certainly be granted keeping in mind the earning of the man and the woman and their income.

However, merely because she is qualified, does not dis-entitle her from claiming maintenance.

�Regards

Advocate Pooja

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