Statute guide
Maintenance for divorced Muslim women
Forty years of litigation, three landmark judgements and one statute passed to reverse a court. The position in 2026 is clearer than most people assume.
Section 125 is open to you. The estimator covers it, and every other route.
Calculate your maintenance →Where the position stands now
The current law A divorced Muslim woman may claim maintenance under Section 125 CrPC, now Section 144 BNSS, and may also claim under the Muslim Women (Protection of Rights on Divorce) Act, 1986. The 1986 Act adds a remedy. It does not remove one.
That was settled by the Supreme Court in Mohd. Abdul Samad v. State of Telangana in July 2024. It ended an argument that had run since 1986.
How it got here
Shah Bano, 1985
A sixty two year old divorced woman was awarded maintenance under Section 125 CrPC. The Supreme Court held that the section applied to Muslim women like everyone else. The award itself was Rs 179.20 a month, which is about Rs 2,900 in today's money. The political reaction was immediate and enormous.
The 1986 Act
Parliament responded with the Muslim Women (Protection of Rights on Divorce) Act. It was widely read as limiting a divorced Muslim woman's maintenance to the iddat period of roughly three months.
Danial Latifi, 2001
The Supreme Court upheld the Act but read it very differently. Section 3 requires a reasonable and fair provision to be made within the iddat period. Made within, not limited to. So the husband must arrange, during iddat, a provision that lasts her life or until she remarries.
Mohd. Abdul Samad, 2024
The remaining question was whether the 1986 Act displaced Section 125 altogether. The Court held it does not. Both routes are available.
Whichever route you use, the quantum reasoning is the same. See what it produces.
Estimate maintenance →Mahr is not maintenance
This comes up in almost every case and the answer has not changed. Mahr is an obligation of the marriage contract. Paying it does not discharge a maintenance obligation, and a court will not treat a mahr payment as satisfying Section 3 of the 1986 Act or an order under Section 125.
Questions people actually ask
Can a Muslim woman claim maintenance after iddat?
Yes. Danial Latifi v. Union of India (2001) held that the provision required by Section 3 of the 1986 Act must be made during iddat but must be sufficient for her whole life or until she remarries.
Does the 1986 Act override Section 125 CrPC?
No. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held the two are parallel remedies and a divorced Muslim woman may choose either or both.
Does paying mahr end the maintenance obligation?
No. Mahr is a distinct obligation arising from the marriage contract and does not satisfy a maintenance claim.
This page summarises a reported judgement for general information. It is not legal advice and it is not a substitute for reading the judgement itself or speaking to a lawyer about your own facts.
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