IndiaCan a Muslim woman get maintenance after divorce?
Yes, a Muslim woman in India can claim maintenance after divorce under Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986 — including 'reasonable and fair provision' for her future.
What the Law Says
Indian law provides two main legal routes for divorced Muslim women to claim maintenance: the secular Criminal Procedure Code (CrPC) and the special Muslim Women (Protection of Rights on Divorce) Act, 1986.
Under Section 125 of the Code of Criminal Procedure, 1973, any wife — including a Muslim woman — who is unable to maintain herself can apply for maintenance from her husband, regardless of religion. The court may order monthly maintenance if the husband has sufficient means but neglects or refuses to maintain her.
Separately, the Muslim Women (Protection of Rights on Divorce) Act, 1986 was enacted to protect the rights of divorced Muslim women. It mandates that a former husband must make a 'reasonable and fair provision and payment' for her maintenance — not just during iddat (the waiting period), but for her future as well.
The Act also requires the husband to pay maintenance during the iddat period (usually three menstrual cycles or ~90 days), and if he fails, the woman may approach the Magistrate within 90 days of divorce.
Statutory Text…a reasonable and fair provision and payment has been made or will be made to her within the iddat period by her former husband.
— Muslim Women (Protection of Rights on Divorce) Act, 1986, s. 3(1)(a) — Provision for maintenance
Statutory TextIf any person having sufficient means neglects or refuses to maintain his wife… the wife may apply to a Magistrate… for an order for payment of such amount as may be determined by the Magistrate.
— Code of Criminal Procedure, 1973, s. 125(1) — Maintenance of wives
What Courts Have Said
The Supreme Court and High Courts have consistently affirmed that Muslim women are entitled to maintenance beyond iddat — both under secular law and the 1986 Act.
The Court upheld the constitutionality of the 1986 Act and clarified that 'reasonable and fair provision' includes maintenance for the woman’s entire life — not limited to the iddat period.
Held that a Muslim woman can claim maintenance under Section 125 CrPC even after divorce, and it is not barred by the 1986 Act — the two remedies are concurrent.
What to Do
File an application under Section 125 CrPC before the local Judicial Magistrate — no time limit, but act promptly.
Alternatively, file under the Muslim Women (Protection of Rights on Divorce) Act, 1986 within 90 days of divorce before the Magistrate.
Gather proof of marriage, divorce (talaq/nikahnama), income details of husband, and evidence of inability to maintain yourself.
Request interim maintenance while the case is pending — courts often grant ₹3,000–₹7,000/month depending on circumstances.
If the husband fails to comply with the order, you may seek enforcement through attachment of salary or property.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.