Supreme Court of India · 1981-02-18
MST. ZOHARA KHATOON vs MOHD. IBRAHIM
- Citation / case number
- SC 1980/63444
- Court
- Supreme Court of India
- Petitioner
- MST. ZOHARA KHATOON
- Respondent
- MOHD. IBRAHIM
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that under Section 125(1) of the Criminal Procedure Code, 1973, a divorced woman continues to be considered a 'wife' for maintenance purposes if she has not remarried, as per Clause (b) of the Explanation. The Court found that the High Court's interpretation was erroneous, affirming the Magistrate's order for maintenance despite the divorce. The ruling clarified that the right to maintenance under the 1973 Code persists even after a divorce, provided the woman has completed the Iddat period and has not remarried.