Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2014

Supreme Court of India · 2014-04-16

SHAMIM BANO vs ASRAF KHAN

Citation / case number
SC 2012/16891
Court
Supreme Court of India
Petitioner
SHAMIM BANO
Respondent
ASRAF KHAN
Author
Dipak Misra
Bench
VIKRAMAJIT SEN DIPAK MISRA

Judgment text excerpt

The Supreme Court ruled that a Muslim woman can claim maintenance under Section 125 of the Code of Criminal Procedure even after the Iddat period if she is unable to maintain herself, thereby clarifying the applicability of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Court held that the High Court's decision to allow maintenance beyond Iddat was valid, emphasizing that the right to maintenance is not extinguished by the divorce itself. The appeal was allowed, affirming the entitlement of the appellant to maintenance under Section 125.

SHAMIM BANO vs ASRAF KHAN · Niyam