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Peace Legal Information: Making Law Simple for Every Citizen

Peace Legal Information: Making Law Simple for Every Citizen

Table of Contents Introduction — purpose & scope Why legal awareness matters Rights & Duties — equal and reciprocal Role of Police — how to cooperate Everyday laws to keep handy How to use the law to protect yourself Conclusion Introduction — purpose & scope Peace4.in brings plain-English legal information to every person living in or visiting India. This pinned page is a gateway: it explains the site's purpose, how to navigate topic clusters, and how the law can be used to prevent harm and resolve disputes through recognised legal channels. We focus only on Indian legal context and practical steps. Our aim is to increase legal literacy, encourage lawful behaviour, and support peaceful, constructive resolution of conflicts. ↑ Back to top Why legal awareness matters Legal knowledge empowers you to avoid common mistakes, make informed decisions, and access remed...
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Maintenance Rights for Muslim Women

 

Maintenance Rights for Muslim Women

Detailed information on Maintenance Rights for Muslim Women

Muslim women in India have rights under both **personal law** and **secular law**. The two main sources are:

  • Muslim Women (Protection of Rights on Divorce) Act, 1986
  • Section 125 of the Criminal Procedure Code (CrPC)

Court judgments have expanded and clarified these rights significantly.

Maintenance During Marriage

During marriage, a Muslim woman is entitled to financial support from her husband to meet her basic needs. This is part of the husband’s duty (Nafaqa) under Islamic law, and can be claimed via family court or mediation.

Maintenance After Divorce

After divorce (Talaq), the woman is entitled to:

  • Mahr (Dower)
  • Maintenance during Iddat period (typically 3 months)
  • Provision & maintenance beyond Iddat if not remarried — clarified in later case law

CrPC 125 vs Muslim Women Act

Section 125 CrPC is a secular provision. It allows **any divorced woman**, regardless of religion, to claim maintenance if she is unable to support herself.

After the Shah Bano (1985) and Danial Latifi (2001) judgments, it is clear that Muslim women can use **CrPC 125**, and husbands must make a reasonable and fair provision beyond Iddat under the 1986 Act.

Important Judgment

  • Shah Bano v. Mohd. Ahmed Khan (1985): Recognized right to maintenance under CrPC 125 (ref link-: https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum?utm_source=chatgpt.com)

How to File for Maintenance

A Muslim woman can file:

  • Under Section 125 CrPC in Magistrate Court
  • Under the Muslim Women (Protection of Rights on Divorce) Act in Family Court
  • With the help of a lawyer or legal aid cell

Documents like nikahnama, talaq certificate, income proof, and affidavit are typically required.

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Location: India