IQBAL BANO vs STATE OF U.P.

The Supreme Court held that a Muslim woman can file for maintenance under Section 125 of the Code of Criminal Procedure, 1973, even after the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the latter applies only to divorced women. The Court found that the Additional Sessions Judge erred in concluding that the mere mention of 'Talaq' in the written statement constituted a valid divorce, thus invalidating the maintenance claim. The Court reinstated the Magistrate's order granting maintenance to the appellant, emphasizing that the right to maintenance under Section 125 Cr.P.C. is not extinguished by the Act.