After enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the jurisdiction under…
The maintenance jurisdiction is retained. Shabana Bano v Imran Khan held that even a divorced Muslim woman can claim maintenance from her former husband under the general…
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After enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the jurisdiction under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant maintenance to Muslim women
Answer and explanation
Correct answer A
The maintenance jurisdiction is retained. Shabana Bano v Imran Khan held that even a divorced Muslim woman can claim maintenance from her former husband under the general maintenance provision beyond the iddat period, so long as she has not remarried and meets the maintenance conditions. Mohd Abdul Samad v State of Telangana (2024) reaffirmed that the 1986 Act does not exclude this remedy and distinguished the available remedies, subject to avoiding double recovery. The 1986 Act did not simply extinguish the secular maintenance remedy, which is now section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 CrPC).
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