Saturday, January 9, 2010

Criminal Procedure Code, 1973

Criminal Procedure Code, 1973—Section 125—Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 4—Family Courts Act, 1984, Sections 7 and 20—Whether a Muslim divorced wife would be entitled to receive the amount of maintenance from her divorced husband under Section 125 of the Cr.P.C. and, if yes, then through which forum?—Held, even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C. after the expiry of period of iddat also, as long as she does not remarry—Further held, family Court established under the Family Act shall exclusively have jurisdiction to adjudicate upon the applications filed under Section 125 of Cr.P.C.

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