Asked in Criminal
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if divorce is effected before approaching the court, then the wife will be entitled under section 4 of protection of rights of muslim divorced wives 1986 otherwise she will get the benefits under section 125 cr.p.c
what is your locus mr. yesdani?
A Muslim divorce wife shall be taken maintenance u/s 125 crpc but in case SAHABANU BEGUM Vs MAHAMMAD AHEMAD KHAN AIR -1985 SC 945 . The supreme Court held that on Muslim women protection of right on devorce act -1986 during iddat period 3 month Muslim women are entitled to get maintenance from her husband or wakf board but in case DANIAL LATIF Vs UNION OF INDIA AIR 2001 27 OCR 707 Supreme Court held that u/a 226 & 227 on the writ petition " maintenance is not confined to the period of iddat but to extend to whole life of the devorce wife .many more provisions are there .
Offcourse she entitled.. But till when she get remarried.
Infact she is not . But because the 125 has made secular so it is possible. One more resort is there you can move an application/petition under Muslim Woman Divorce Protection Act.
whether she entitled or not depend on reason behind divorce .For more information contact 9371660482
not entitled maintenance after divorce as per law....
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