In Brief
A divorced Muslim woman filed for maintenance under the Criminal Procedure Code. During proceedings, after the husband invoked triple talaq (now invalid), the application was treated under the Muslim Women (Protection of Rights on Divorce) Act, 1986. The issue was whether a Family Court could hear and convert such applications. The Court held that Family Courts have jurisdiction to entertain maintenance applications of divorced Muslim women, either originally under the 1986 Act or by converting Section 125 (Criminal Procedure Code) applications. As a matter of social justice, divorced women unable to support themselves can access maintenance through either statute. The appeal was allowed.
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