Category Maintenance

Interpretation of Muslim Women’s Divorce Act 1986

For activists/lawyers interested in post-divorce maintenance for women. This is a remarkable judgment ruling divorced Muslim women to be paid maintenance beyond iddat, in India. It is also remarkable for its skill in interpretation and application. Case of Danial Latifi at http://indiankanoon.org/doc/410660/ Excerpt from Judgment While upholding the validity of the Act, we may sum up […]

Mohd. Ahmed Khan v Shah Bano Begum

The husband (appellant) was married to the wife (respondent) in 1932. In 1975 the husband drove the wife out of the matrimonial home. In April 1978, the wife filed a petition against the husband under Section 125 of the Criminal Procedure Code 1973 (hereinafter referred to as the ‘Code’/ ‘CrPC’) in the court of the learned Judicial […]

Abdul Hameed v Fousiya

The parties to the suit were married according to Muslim rites in 1995. Due to constant threats from the husband, the wife was forced to leave her matrimonial home in March, 1996. Meanwhile, the husband had remarried and refused to maintain despite having sufficient means. In 1997, she filed a maintenance petition invoking S. 125 of the Code […]

Fuzlunbi v K. Khader Vali

The appellant married the respondent in 1966 and during their conjugal life, a son was born to them. The respondent husband was an Additional Accountant in the State Bank of India, and was apparently quite wealthy. He neglected the appellant to an extent that she was driven out of her conjugal life and she sought shelter […]

Rabia Khatoon v Mukhtar Ahmad

Two suits were filed, one by Rabia Khatoon against her husband for dissolution of marriage and the other by Mukhtar Ahmad against the wife for restitution of conjugal rights. The marriage took place in 1948 and was consummated with the consent of the wife. In 1951, a child was born to them after which the wife went to live in her […]

Mohd. Ahmed Khan v Shah Bano Begum

  The husband (appellant) was married to the wife (respondent) in 1932. In 1975 the husband drove the wife out of the matrimonial home; in 1978, the wife filed a petition against the husband under Section 125 of the Criminal Procedure Code 1973 in the court of the learned Judicial Magistrate (First Class), Indore asking for maintenance at the […]

Ahmed Abdul Qadeer v. Raffat Banu

The parties to the suit were married in 1958. After the marriage, the husband lived in the house of his wife’s parents and left the house in July, 1971 on account of certain differences. The wife then filed a petition under S.488 of Code of Criminal Procedure (1898) for maintenance of herself and her two daughters, which was […]