Reading: Can a married Muslim woman, living separately from her husband, seek maintenance under CrPC 125? Specifically, if the couple hasn’t divorced and both remain unmarried, and they have a child together, can she claim maintenance under CrPC 125? Also, considering the Muslim Women Act and CrPC 125, which law holds greater weight in such a situation? Furthermore, is it possible for the husband to refuse to comply with CrPC 125 and avoid being a part of the legal process? This question focuses on the legal rights of a married Muslim woman who is separated from her husband, but not divorced.

Can a married Muslim woman, living separately from her husband, seek maintenance under CrPC 125? Specifically, if the couple hasn’t divorced and both remain unmarried, and they have a child together, can she claim maintenance under CrPC 125? Also, considering the Muslim Women Act and CrPC 125, which law holds greater weight in such a situation? Furthermore, is it possible for the husband to refuse to comply with CrPC 125 and avoid being a part of the legal process? This question focuses on the legal rights of a married Muslim woman who is separated from her husband, but not divorced.

Last updated: August 25, 2025 1:10 pm

Apni Law

2 years ago

Law Forum › Category: Family › Can a married Muslim woman, living separately from her husband, seek maintenance under CrPC 125? Specifically, if the couple hasn’t divorced and both remain unmarried, and they have a child together, can she claim maintenance under CrPC 125? Also, considering the Muslim Women Act and CrPC 125, which law holds greater weight in such a situation? Furthermore, is it possible for the husband to refuse to comply with CrPC 125 and avoid being a part of the legal process? This question focuses on the legal rights of a married Muslim woman who is separated from her husband, but not divorced.

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Apni Law Staff asked 2 years ago

Can a married Muslim woman, living separately from her husband, seek maintenance under CrPC 125? Specifically, if the couple hasn’t divorced and both remain unmarried, and they have a child together, can she claim maintenance under CrPC 125? Also, considering the Muslim Women Act and CrPC 125, which law holds greater weight in such a situation? Furthermore, is it possible for the husband to refuse to comply with CrPC 125 and avoid being a part of the legal process? This question focuses on the legal rights of a married Muslim woman who is separated from her husband, but not divorced.

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Apni Law Staff answered 2 years ago

Yes, a married Muslim woman living separately from her husband can seek maintenance under CrPC 125, even if they haven’t divorced and both remain unmarried. This applies even if they have a child together. CrPC 125 takes precedence over the Muslim Women Act in this situation, as it provides a broader framework for maintenance claims. A husband cannot completely avoid the legal process under CrPC 125, but he can contest the application and raise defenses.