Recently, the Patna High Court said that a Muslim woman can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) even after divorce, if her husband has not made a "reasonable and fair provision" for her future during the iddat period. The high court bench of Justice Jitendra Kumar observed while upholding a family court order directing a Muslim man to pay his wife INR 7,000 per month. The Patna HC dismissed his plea that their marriage had ended by mutual consent. The woman applicant had alleged cruelty soon after marriage, forcing her to return to her parents. The petitioner claimed that she had no income and sought INR 15,000 per month, pointing out that her husband worked abroad and earned around INR 1 lakh monthly. Few Moral Lapses and Return to Normal Life Is Not 'Living in Adultery', Says Patna High Court; Upholds Wife's Right to Maintenance After Husband Claims She Committed Adultery.
Patna High Court Upholds Family Court Order
Patna HC has ruled that a Muslim woman can claim maintenance under Section 125 CrPC even after divorce, if her husband has not made a “reasonable and fair provision” for her future during the iddat period.
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