High Court's big decision in favor of Muslim women

Now the divorced will also be able to take alimony from the husband, Lucknow Bench reversed the decision of the lower court

The Lucknow Bench of the Allahabad High Court has given a big decision in favor of Muslim women on Monday. Now divorced Muslim women are also entitled to get maintenance from their husbands. The court said that women also have the right to get maintenance from the husband under section 125. They can take it even after the period of iddat. The court also made it clear that divorced women have this right only until they remarry.

The decision was given by a single bench of Justice Karunesh Singh Pawar on Razia's criminal revision petition. In this petition filed in the year 2008, the order of a sessions court in Pratapgarh was challenged. The Sessions Court overturned the lower court's decision.

It was also said that after the introduction of the Muslim Women (Protection of Rights on Divorce) Act, the case of the petitioner and her husband would be subject to this Act. The sessions court said that only under sections 3 and 4 of the said Act, a Muslim divorced wife is entitled to maintenance. Section 125 of the Code of Criminal Procedure does not apply in such cases.

The High Court, while setting aside the decision of the Sessions Court, said that after the decision of the Supreme Court in the Shabana Bano case, it has been decided that Muslim divorced women are entitled to maintenance under section 125 even after the period of iddat. , until she remarries.

What is the period of iddat?

Under Muslim law, 'iddat' means abstinence from a married man (who is likely to be married) for a specified period after the death or divorce of the woman's husband. The female may appear before her father, real brother and son during this period. During this period he has to remain in the screen.

The duration of 'iddat' is of three types. An elderly woman has to stay in iddat for four months and 10 days. The young female has to avoid coming in front of the male during the three monthly periods. At the same time, the iddat period of a pregnant woman ends immediately after giving birth to the child.