Paridhi Arya
Published on April 19, 2022 at 13:56 IST
The Muslim Woman filed Petition in front of Lucknow Bench of Allahabad High Court against the Order passed by Additional Session Judge.
Single Judge Bench of Justice K S Pawar allowed her the Right to Maintenance under Section 125 of Criminal Procedure Code even when Period of Iddat is passed and she didn’t remarry.
“In view of the Judgement of Bano Vs. Imran Khan rendered by the Supreme Court in 2009, I have no hesitation in holding that the view taken by the Revisional Court is contrary to the law laid down by the Supreme Court. The Revisionist wife, being a divorced Muslim woman, was entitled to Claim Maintenance under Section 125 Criminal Procedure Code.”
The Court observed that section 125 of Criminal Procedure Code is for benefit of Woman and it should reach to Muslim Woman also.
The Maintenance will be Payable from the date on which Application is filed in Trial Court as Supreme Court held in its verdict.
The Petitioner moved to Trial Court seeking Maintenance for herself and her children where Trial Court allowed Maintenance to her but her husband filed the Revision Plea before Additional Session Judge.
Additional Session Judge had overturned the Order of Trial Court by stating that parties are Muslim and so Governed by Muslim Women (Protection of Rights on Divorce) Act, 1986 hence after Iddat women cannot demand Maintenance.
“There is no illegality in the Order passed by the Trial Court in which it had Awarded Maintenance to the wife and her minor children under section 125 of Criminal Procedure Code” observed by High Court.
