The Allahabad High Court has reiterated that “a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for whole life unless she is disqualified for the reasons such as marriage with someone else.”

Justice Raj Beer Singh also held that “Thus, in the instant case, the rejection of the application of revisionist under section 125 CrPC on the ground that, being a divorced muslim woman, she is not entitled to seek maintenance under section 125 CrPC, is against the well settled position of law and thus, the impugned order is liable to be set aside.”

Noting the facts of the case, the court held that “the perusal of the record shows that that the marriage/Nikah of revisionist with opposite party No.2 has taken place in the year 2 2006 but she was divorced by the opposite party No.2 on 20.08.2009. The revisionist has not re-married so far. The revisionist along with her minor children has filed a case under Section 125 Cr.P.C. against the opposite party No.2 claiming maintenance for herself and her minor children. The Family Court granted maintenance to the minor daughter of the parties but the claim of revisionist was rejected by the Court below vide impugned order by holding that a divorced Muslim woman is not entitled for maintenance under Section 125 Cr.P.C.”

Relying upon the judgment of Mohd. Ahmed Khan v. Shah Bano Begum , AIR 1985 SC 945 and also the judgments of Bai Tahira v. Ali Hussain Fidaalli Chothia, (1979) 2 SCC 316 and Fuzlunbi v. K. Khader Vali (1980) 4 SCC and Danial Latifi vs. Union of India 2001 Law Suit(SC) 1293.

Case Details:-
CRIMINAL REVISION No. - 3573 of 2021 
Smt. Shakila Khatun Versus State of U.P. and Another