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Muslim Women Divorced Unlawfully via Triple Talaq Can Claim Maintenance Under Section 125 CrPC

The bench, including Justices BV Nagarathna and Augustine George Masih, deliberated on whether a Muslim woman could use Section 125 CrPC to seek maintenance

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By Mausam Pandya
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This entitlement is supplementary to the recourse offered under the Muslim Women (Protection of Rights on Marriage) Act 2019, which stipulates that a woman who has been divorced through triple talaq can claim maintenance from her husband. It is noteworthy that the 2019 Act outlawed the practice of triple talaq, which was invalidated by the Supreme Court in 2017.

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The bench, including Justices BV Nagarathna and Augustine George Masih, deliberated on whether a Muslim woman could use Section 125 CrPC to seek maintenance. In affirming this possibility, Justice Nagarathna's authored judgment examined the entitlements of women unlawfully divorced. "In cases where the divorce is deemed null and illegal, such Muslim women can seek redress under Section 125 of the CrPC," Justice Nagarathna affirmed.

Conclusions from the Judgment

The conclusions emerging from the concurring judgments of the judges are as follows :

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a) Section 125 of the CrPC applies to all married women including Muslim married women.

b) Section 125 of the CrPC applies to all non-Muslim divorced women.

c) Insofar as divorced Muslim women are concerned

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