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Friday August 13, 2010 06:10:18 PM, PTI

'Judiciary in India seemingly working beyond its constitutional limits'

“Some judgments pronounced by various courts recently has given rise to the feelings that the judiciary in India is working beyond its constitutional limits”, observed  .... Read Full

New Delhi: A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, the Delhi High Court has said.


The Court said that irrespective of Muslim personal laws, under which the husband is bound to maintain his wife only during Iddat period which is around three months after divorce, the wife is entitled for maintenance under Criminal Procedure Code till she remarries.

"It is crystal clear that even a Muslim divorced woman would be entitled to claim maintenance from a Muslim husband till she has not married (again). This being a beneficial piece of legislation (CrPC), the benefit must accrue to the divorced Muslim women," the court said.

"Petition under Section 125 CrPC (pertaining to award of maintenance) would be maintainable (for the wife) before Family Courts so long as she does not remarry and the amount of maintenance to be awarded under the Act cannot be restricted for Iddat period only," the court said while referring to a Supreme Court judgement.


It further said that the husband owes responsibility to maintain not only his ex-wife but also the minor children living with her.

The court passed the order while dismissing a petition filed by a man challenging a lower court's award of maintenance of Rs 2,000 per month to his minor daughter living separately with her mother.


Brushing aside the man's contention that the right to get maintenance for the minor children ceases after two years of divorce as provided in personal law, the court said that the sustenance right cannot be restricted unless the divorcee gets remarried.

"I consider that this contention is baseless. Even a wife who has been divorced under Muslim Law is entitled to claim maintenance under the Criminal procedure code after the Iddat period", Justice Dhingra said.

"I consider that the benefit cannot be denied to a minor daughter because of any restrictive provision contained in Muslim Women (Protection of Rights on Divorce) Act, 1986," he added.





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