Supreme Court of India · 2002-03-13
Mst. Bilkis Begum @ Jahanara vs Majid Ali Gazi And Anr.
- Citation / case number
- AIRONLINE 2002 SC 187
- Court
- Supreme Court of India
- Petitioner
- Mst. Bilkis Begum @ Jahanara
- Respondent
- Majid Ali Gazi And Anr.
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Court examined whether a divorced Muslim woman can opt to be governed by Section 125 of the Cr.P.C. for maintenance through a unilateral application under Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The lower courts had rejected the application on the grounds that such an option requires the mutual consent of both parties. The Supreme Court analyzed whether the magistrate could consider the maintenance claim under the Cr.P.C. despite the subsequent divorce.