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Mar 22, 2012

Shabana Bano Vs Imran Khan on 04.12.09

Hon'ble Supreme Court of India observed as
"petition under Section 125 of the Cr.P.C. would be maintainable before the Family Court as long as appellant does not remarry. The amount of maintenance to be awarded under Section 125 of the Cr.P.C. cannot be restricted for the iddat period only.
It is held that 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 as she does not remarry."

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