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july 1996

Supreme Court of India · 1996-07-09

THE SECRETARY TAMILNADU WAKAF BD. vs SYED FATIMA NACHI

Citation / case number
SC 1994/9602
Court
Supreme Court of India
Petitioner
THE SECRETARY TAMILNADU WAKAF BD.
Respondent
SYED FATIMA NACHI
Author
Punchhi
Bench
SUJATA V. MANOHAR M.M. PUNCHHI

Judgment text excerpt

The Supreme Court upheld the provisions of Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, affirming that a divorced Muslim woman is entitled to maintenance from her relatives or the Wakf Board if her heirs are unable to provide for her. The Court emphasized that the Act was enacted to protect the rights of divorced Muslim women, countering the earlier ruling in Mohd. Ahmad Khan v. Shah Bano Begam. The appeal by the Tamil Nadu Wakf Board against the High Court's refusal to quash the maintenance proceedings was dismissed, affirming the respondent's right to seek maintenance.

THE SECRETARY TAMILNADU WAKAF BD. vs SYED FATIMA NACHI · Niyam