Who among the following is entitled to claim maintenance from a Muslim man under Muslim Law ?
A Muslim husband is bound to maintain his wife and his minor children. A divorced wife is entitled under section 3 of the Muslim Women (Protection of Rights on Divorce) Act,…
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Who among the following is entitled to claim maintenance from a Muslim man under Muslim Law ?
Answer and explanation
Correct answer D
A Muslim husband is bound to maintain his wife and his minor children. A divorced wife is entitled under section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 to "a reasonable and fair provision and maintenance", which Danial Latifi v. Union of India (2001) held must provide for her future beyond the iddat.
She may also claim maintenance from her former husband under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the CrPC), where "wife" includes a woman who "has been divorced by, or has obtained a divorce from, her husband and has not remarried"; Mohd. Abdul Samad v. State of Telangana (2024) held that the 1986 Act does not bar this claim. So each person named has a claim to maintenance.
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