Kochi, March 19: Kerala High Court has held that the right of a divorced Muslim woman to claim maintenance under section 125 of the Criminal Procedure Code will not stand “extinguished” if payment under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act 1986 was not made by her former husband.
Passing orders on a Muslim divorce case, a Division Bench comprising Justice R Basant and Justice M C Hari Rani on Wednesday held that as long as the woman continued to be a divorcee, she was entitled to claim maintenance from her former husband.
The bench clarified that remarriage of Muslim women or actual payment of maintenance shall extinguish her right to claim maintenance under Sec 125 of the Criminal Procedure Code.
-PTI