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february 1981

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.

MST. ZOHARA KHATOON vs MOHD. IBRAHIM · Niyam