[ Everyday Law ]
Maintenance for the Muslim divorced woman after Danial Latifi — the doctrinal arc from Shah Bano to Mohd Abdul Samad
Danial Latifi v Union of India , (2001) 7 SCC 740, a five-judge Constitution Bench, upheld the Muslim Women (Protection of Rights on Divorce) Act, 1986 by reading Section 3 so as to require the former husband to make a "reasonable and fair provision" extending beyond the iddat period and covering the rest of the divorced woman's life, with the payment falling due within the iddat. Iqbal Bano v State of UP , (2007) 6 SCC 785, Shabana Bano v Imran Khan , (2010) 1 SCC 666 and, most recently, Mohd Abdul Samad v State of Telangana , 2024 INSC 506 have built on that base — Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 125 CrPC] remains a concurrent and independently available remedy.