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Leading Case Laws of Family Law

Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 SCR (3) 844

It was a controversial maintenance lawsuit. In this case, Supreme Court granted the maintenance to a divorced muslim woman irrespective of what the Muslim personal law says. Supreme Court held that Section 125 of CrPc is also applicable on Muslims. Supreme Court concluded that Cr.P.C. is a secular law and “there is no conflict between the provisions of section 125 and those of the Muslim Personal Law on the question of the Muslim husband’s obligation to provide maintenance for a divorced wife who is unable to maintain herself.” A muslim woman is entittled for the maintainance even after the period of iddat.

 

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