The application of the Muslim wife under Section 125 Cr.P.C. is maintainable in the family court even after divorce, was upheld in the case of _________.

The correct answer is Shamima Farooqui v. Shahid Khan.

Key Points

• The Supreme Court of India upheld that a Muslim wife can claim maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) even after divorce in the case of Shamima Farooqui v. Shahid Khan.
• Section 125 Cr.P.C. provides a legal remedy for neglected wives, children, and parents to claim maintenance irrespective of their religion.
• The judgment reaffirmed that the statutory obligation to provide maintenance under Section 125 Cr.P.C. is distinct from personal laws.
• In this case, the court emphasized that the right to maintenance is a measure of social justice and cannot be denied based on religion or gender.
• The decision aligns with the constitutional mandate to ensure protection and dignity for women in a pluralistic society like India.

Additional Information

• Section 125 Cr.P.C.
  • It is a provision under the Indian Code of Criminal Procedure that mandates maintenance for neglected wives, children, and parents.
  • The objective is to prevent vagrancy and destitution by providing financial support to dependents.
  • It applies universally, irrespective of personal laws or religion.
• Maintenance under Muslim Law
  • Under Muslim personal laws, a wife is entitled to maintenance during marriage and for the iddat period (waiting period) after divorce.
  • However, Section 125 Cr.P.C. allows a divorced Muslim woman to claim maintenance beyond the iddat period.
• Landmark Case: Shah Bano Case (1985)
  • This case dealt with maintenance rights of a divorced Muslim woman under Section 125 Cr.P.C.
  • The Supreme Court ruled in favor of Shah Bano, stating that maintenance under Section 125 overrides personal law limitations.
  • The judgment led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• Muslim Women (Protection of Rights on Divorce) Act, 1986
  • This law was introduced to address concerns raised by the Shah Bano case judgment.
  • It limits a Muslim woman's right to maintenance to the iddat period, but subsequent judgments have clarified that Section 125 Cr.P.C. remains applicable.