I.A.ANSARI
Md. Siddique Ali – Appellant
Versus
Mustt Fatema Rashid – Respondent
I.A. Ansari, J.
1. Whether a Muslim woman, whose marriage has been dissolved by-pronouncement of talaq, can make or maintain an application, under Section 125 CrPC, seeking maintenance from her former husband, who has dissolved the marriage by pronouncement of talaq? If so, what are the conditions subject to which such a claim for maintenance by a Muslim divorced woman can be maintained under Section 125 Cr.PC? While dealing with a proceeding under the Muslim Women (Protection of Rights on Divorce) Act, 1986, (in short, 'the MW Act'), whether the court can direct a husband, who has dissolved his marriage by pronouncement of talaq, to pay maintenance allowance per month if he has already paid maintenance to his former wife for the period of iddat? Is a Muslim divorced woman entitled to make an application, under Section 3 of the MW Act, for direction to her former husband, who has dissolved the marriage by pronouncement of talaq and has also paid 'maintenance' to her for the period of iddat, to make 'provision' for her beyond the period of iddat and if so, subject to what conditions, such a direction can be given? Whether a proceeding under the MW Act is maintainable in a Fam
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