Muslim Women (Protection of Rights on Divorce) Act, 1986

Noorsaba Khatoon, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance for herself and her three minor children after being deserted by her husband, Mohd. Quasim, who later divorced her and took a second wife. The trial court ordered maintenance for the wife an…

The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The Court examined whether…

A Muslim couple divorced; the wife filed a petition under Section 125 of the CrPC for maintenance, which the Family Court converted into an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and ordered maintenance. The High Court set aside the conversion, holding the Family Cou…

Shamim Bano, a Muslim wife, filed an application under Section 125 of the Code of Criminal Procedure (CrPC) for maintenance before her divorce. While the application was pending, the divorce was finalized on 5 May 1997, after which she also filed an application under Section 3 of the Muslim Women (Protection of Rights …

The appellant, Abhilasha, a Hindu daughter, challenged a lower court order that limited her maintenance from her father, Parkash, to the period until she attained majority, arguing that under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 she could claim maintenance until she marries. The Supreme Court …

The appellant, a Muslim husband, obtained a triple talaq and was ordered by the Family Court to pay interim maintenance of Rs.20,000 per month to his divorced wife, which the High Court reduced to Rs.10,000. He appealed, arguing that Section 125 of the Code of Criminal Procedure (CrPC) does not apply to Muslim women af…

The husband and wife married, had children and the husband purchased properties using dowry cash and jewellery, promising to transfer them to the wife. After the husband pronounced talaq, the wife filed a suit in the Family Court under the Family Courts Act claiming ownership of the properties. The Family Court decreed…

Syed Fatima Nachi, a divorced Muslim woman, filed a petition under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 seeking maintenance from the Tamil Nadu Wakf Board, alleging that her children, parents and other relatives were unable to pay. The Wakf Board appealed to the High Court to qua…

Iqbalbano, married in 1959, filed a petition under Section 125 of the Code of Criminal Procedure in 1992 seeking maintenance from her husband, who claimed that he had divorced her by pronouncing "Talaq" three times, had paid the Mehr and that the Iddat period had ended. The Judicial Magistrate granted maintenance, but …

Shabana Bano, a Muslim woman, filed a petition under Section 125 of the Criminal Procedure Code for maintenance against her husband, Imran Khan, after being divorced and left with a newborn child. The husband contended that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she was not entitled to main…

Rousanara Begum married S.K. Salahuddin in 2005 and divorced him in 2011. At the time of marriage her father gave Rs 7 lakh and 30 bhori of gold, which the appellant sought to recover under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Lower courts awarded partial amounts, but the Calcutta …

Shamim Ara, a Muslim wife, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance on grounds of desertion and cruelty. The husband, Respondent No.2, denied the claim and in his written statement asserted that he had divorced her on 11 July 1987, relying on the Muslim Women (Protection…