Kochi: Kerala High Court has held that the
right of a divorced Muslim woman to claim maintenance under
section 125 of the Criminal Procedure Code will not stand
"extinguished" if payment under Section 3 of the Muslim Women
(Protection of Rights on Divorce) Act 1986 was not made by her
former husband.
Passing orders on a Muslim divorce case, a Division Bench
comprising Justice R Basant and Justice M C Hari Rani on
Wednesday held that as long as the woman continued to be a
divorcee, she was entitled to claim maintenance from her
former husband.
The bench clarified that remarriage of Muslim women or
actual payment of maintenance shall extinguish her right to
claim maintenance under Sec 125 of the Criminal Procedure
Code.
PTI
First Published: Friday, March 19, 2010, 00:18