Supreme Court of India · 2001-09-28
Danial Latifi & Anr vs Union Of India
- Citation / case number
- AIR 2001 SUPREME COURT 3958
- Court
- Supreme Court of India
- Petitioner
- Danial Latifi & Anr
- Respondent
- Union Of India
- Bench
- S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, affirming that Section 125 CrPC applies to divorced Muslim women seeking maintenance. The Court clarified that the payment of mahr does not absolve the husband of his obligation to provide maintenance under Section 125, as mahr is related to marriage rather than divorce. The ruling established that divorced women can claim maintenance despite receiving mahr, reinforcing their rights under the law.