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Maintenance under Muslim Law
Family Law I
Study material
Published material from The Law Easy that cites Article 44.
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Family Law I
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
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Constitutional Law II deals with civil liberties. It is studied in eight units, from the question of who is a citizen of India to how the Constitution enforces the rights it gives. These rights are at work in ordinary life: when a person speaks his mind online, prays in his own way, or is stopped b…
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Personal laws refer to laws that are specific to a particular religion and govern matters like marriage, divorce, inheritance, adoption, and family relationships. These laws are deeply rooted in the traditions, customs…
142 min read
About this topic ▶ Watch this part of the lecture (0:00) Maintenance under Muslim law deals with who must support whom, the legal routes for enforcing that duty, and how a Muslim wife's right changes during the marriage, during iddat and after iddat. The topic runs through the Shah Bano judgment, t…
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Supreme Court of India · 1985
A five-judge bench of the Supreme Court held that Section 125 of the Criminal Procedure Code (now Section 144 B.N.S.S.) is a secular provision that applies to all wives, including divorced Muslim women, regardless of religion. A divorced Muslim wife who cannot maintain herself can claim maintenance beyond the iddat period, and payment of mehr does not end this duty. The judgment started a nationwide debate on personal law versus secular law, led to the Muslim Women (Protection of Rights on Divorce) Act, 1986, and revived the debate on a Uniform Civil Code under Article 44.
1 practice question tests this article.
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