1990 CRI. L. J. 1364 ::(2000) 85 FacLR 225 ::1990 (2) RecCriR 475 ::(1995) 20 MarriLJ 402 ::(1990) MatLR 261

Andhra Pradesh High Court

Hon'ble Judge(s): Ramanujulu Naidu, Sardar Ali Khan, Bhaskara Rao , JJJ

(A) Muslim Women (Protection of Rights on Divorce) Act (25 of 1986) , S.3, S.4, S.5— Maintenance - Divorced Muslim wife - Cannot claim maintenance under S.125 of the Code after passing of 1986 Act - Liability of husband is limited for and during period of Iddat. AIR 1988 Gujarat 141 and 1989 Cri LJ 1519 (Punj and Har), Dissented from. Criminal P.C. (2 of 1974) , S.125— A divorced Muslim woman cannot claim maintenance under S.125 of the Code from her former husband after passing of the Act of 1986.(Para 23) S.3 of the Act of 1986 starts with a non obstante clause. S.3(1)(a) provides that a divorced Muslim woman is entitled to a reasonable and fair provision and maintenance to be made and paid to her within the Iddat period by former husband. It is clearly stated that a divorced Muslim woman shall be entitled to a reasonable and fair provision and maintenance within the Iddat period to be made and paid by her former husband. It is also equally clear that the reasonable and fair provision and maintenance has to be made and paid by the husband within the'period of Iddat' which has been defined under S.2(b) of the Act. There is nothing in the Section which can be read to mean that the husband is liable to make reasonable and fair provision and maintenance beyond the period of Iddat. The Act of 1986 has been passed in ....