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.