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.