Section 5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974
If on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the court hearing the application, the Magistrate shall dispose of such application accordingly.
Explanation.—For the purposes of this section, "date of the first hearing of the application" means the date fixed in the summons for the attendance of the respondent to the application.
Judgements applying section 5
NC: 2026:KHC:33173 RPFC No. 338 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA RPFC NO. 338 OF 2025 BETWEEN: SRI SYED IMRAN S/O SRI. LATE SYED HAFFIZ AGE
AllowedOpenNAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 657 of 2026 Zainul Haque S/o Shri Nazrul Haque Aged About 36 Years R/o Motijharan, P.S. Dhanupali, Sambalpur, Distt.- Sambalpur (Odisha) ... Petitioner versus 1 - Hina Kausar W/o Zainul Ha
DismissedOpenIn two concurrent revision petitions, the High Court of Orissa held that Section 125 Cr.P.C. applies to divorced Muslim women and is not in derogation of the 1986 Act. Consequently, the petitioner was entitled to seek enhancement under Section 127 Cr.P.C.
DisposedOpendivorced Muslim woman; maintenance enhancement; Section 127 Cr.P.C.; Section 125 Cr.P.C.; Section 125(1)(b); Section 3(2) Muslim Women (Protection of Rights on Divorce) Act 1986; Section 5 declaration; Section 4 first proviso; iddat; Family Court jurisdiction; Sections 7(1)(f) and 20 Family Courts Act 1984;
DisposedOpenPost-divorce maintenance for Muslim wife; validity of talaq under Sunni Shariat (witnesses, Talaqnama); Section 125 CrPC and Section 3, Muslim Women (Protection of Rights on Divorce) Act 1986; Mohd. Abdul Samad v. State of Telangana (2025) 2 SCC 49; Danial Latifi;
Partly allowedOpenMaintenance; Section 125 CrPC; Muslim Women (Protection of Rights on Divorce) Act 1986 Sections 3(2) and 5; Family Court Jagdalpur Misc. Criminal Case No. 62/2015; destitute divorced wife; Talaqnama; Iddat; Mehr Rs. 21,786; Section 498A IPC FIR Crime No. 439/97; objection under Section 115 Indian Evidence Act;
DismissedOpen
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 611 of 2015 Mohd. Niyazuddin S/o Sheikh Imamuddin Aged About 34 Years Occupation Engineer, R/o Nai Basti Rajatalab, Infront Of Igal Church, P.S. Civil Line, Raipur, Tahsil And District Rai
DismissedOpenHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 248 Abdul Rashid Kausar Parveen CORAM: Present:- Nidhi Gupta, J. seeking issuance of an appropriate order or direction quashing the impugned order dated 18.09.2018 (Annexure P3) passed by the lea
DismissedOpenMaintenance — Section 125 CrPC applies to all married and divorced women including Muslim women; interplay with Muslim Women (Protection of Rights on Divorce) Act 1986 (ss. 2(a), 3, 4, 5, 7) and Muslim Women (Protection of Rights on Marriage) Act 2019 (ss. 3, 5); non-obstante clause;
DismissedOpenof 3 IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM NO. 37 OF 2023 Shaikh Rizwan Hasim …. Petitioner Mr. S.S. Mohapatra, Advocate -versus- Tabasum Nesha and another …. Opp. Parties Mr.Dhananjaya Nayak, Advocate CORAM: JUSTICE K.R. MOHAPATRA O
DismissedOpen