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Head Note

Family Courts Act, 1984  - Section 7 (1) , The Muslim Women (Protection of Rights on Divorce) Act, 1986  - Section 4 , The Code of Criminal Procedure, 1973  - Section 125

- Divorced Muslim Women whether entitled to maintenance (yes) - Held - If a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Criminal Procedure Code after the expiry of period of iddat also, as long as she does not remarry - Petition under Section 125 of the Criminal Procedure Code would be maintainable before the Family Court.

The Code of Criminal Procedure, 1973  - Section 125 , Family Courts Act, 1984  - Section 20

Wife claiming maintenance under Section 125 Criminal Procedure Code - Family Court shall exclusively have jurisdiction to adjudicate upon the applications filed under Section 125 of Criminal Procedure Code.

The Code of Criminal Procedure, 1973  - Section 125

Grant of maintenance under Section 125 Criminal Procedure Code - Proceedings under Section 125 Criminal Procedure Code are civil in nature.

Topic(s)-

Important Decision(s)- 

• Proceedings under Section 125 Criminal Procedure Code are civil in nature.
• Muslim Women would be entitled to claim maintenance from her husband under Section 125 of the Criminal Procedure Code after the expiry of period of iddat also, as long as she does not remarry.