Legal Question in Family Law in India

a women is entitled for maintainence under section 125 CRpc. The amount she is entitled for will depend on the facts of the case the income of the husband and the earning capacity of the wife etc.

A Muslim woman is entitled to maintenance under section 125 of CrPC. The same has been opined by various Courts of India. The Supreme Court held in Iqbal Bano case, that if a divorced Muslim woman applies for alimony under CrPC, it is open to the court to treat it as an application under the Muslim Women Act. Also, as it was held in Shah Bano begum case, even a divorced Muslim woman is entitled to claim alimony from her former husband as long as she does not remarry.

Section 125 of CrPC is a beneficial piece of legislation, and therefore the benefit thereof accrues to the divorced woman. Also, the Supreme Court has stated that a Muslim woman, like women from all other communities, was entitled to alimony under section 125 of the Code of Criminal Procedure (CrPC).

However, if the woman is well qualified and was or is working, and the income she is obtaining is sufficient to maintain her, she is not entitled to maintenance. However, an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. Also, it is to be added that if a woman is qualified but has never worked, she is entitled to maintenance and the Court cannot compel her to earn.

It shall be appropriate for you to consult a competent and experienced lawyer specializing in such matters and well versed with your line of faith/ school in Muslim law, and proceed carefully under the expert advice of your lawyer.

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-Regards

Advocate Pooja

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