Maintenance after a Muslim divorce is one of the most misunderstood areas in Indian family law, largely because the position has been settled and re-settled several times over forty years. This is where it now stands.
During iddat
The Muslim Women (Protection of Rights on Divorce) Act, 1986 requires the husband to make provision for the divorced wife within the iddat period. On a narrow reading, that would mean roughly three months of support and nothing more.
Danial Latifi — and why it is not just three months
That narrow reading did not survive. In Danial Latifi v. Union of India (2001) the Supreme Court read the 1986 Act as requiring the husband to make a reasonable and fair provision for the wife’s future — a provision that must be made within the iddat period, but which is not limited in its effect to that period.
The distinction is the whole point. The payment is arranged within iddat. What it has to cover extends beyond it.
Section 125 CrPC — now Section 144 BNSS
Separately from the 1986 Act, the general maintenance provision of the criminal procedure code has always been available in principle. It was the provision at issue in Shah Bano in 1985, and the question of whether the 1986 Act displaced it has been litigated ever since.
In Mohd Abdul Samad v. State of Telangana (2024) the Supreme Court confirmed that it does not. A divorced Muslim woman may seek maintenance under that provision — now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the CrPC from 1 July 2024.
So which one?
Both routes exist, and they are not alternatives to be picked at random. They differ in the forum, in how quickly an interim order can realistically be obtained, in what has to be proved, and in what happens on remarriage. In some situations both are pursued.
What decides it is the facts: whether the wife has independent means, what the husband’s circumstances are, whether children are involved, how long the marriage lasted, and how urgently support is needed.
Maintenance for the children is separate again
A father’s obligation to maintain his children is distinct from any obligation to the divorced wife, and it is not affected by the manner in which the marriage ended. It is dealt with on the family and matrimonial page.
What to bring
- Nikahnama, and any talaqnama or khula deed.
- Whatever is known of the husband’s income, employment and assets.
- Your own income and expenses, honestly stated.
- Details of the children and where they are living.
- Any order or notice already issued by any court.
More on this practice area on the Muslim personal law page. Call or WhatsApp +91 98300 78687.
General information only, not legal advice on any particular case.
