Elders or a qazi want me to sign a settlement
You do not have to sign. No community decision can take away your right to go to court.
Mediation can help families, and the Quran asks for an arbitrator from both sides. But a settlement signed under pressure has been used to deny women maintenance, and in 2025 the Supreme Court said such bodies have no legal standing. Read anything before you sign, take a copy, and speak to a free legal aid lawyer first.
Your rights
A qazi's or panchayat's decision cannot take away your rights
The law says
The Supreme Court said in April 2025 that a Qazi court, Darul Qaza or Shariat court "has no recognition in law" and its decisions are not binding. In that case, a settlement signed before a qazi was wrongly used to deny a wife her maintenance, and the Court set it aside. You can still go to court for maintenance, residence and custody.
Shahjahan v State of UP (Supreme Court, 2025); Vishwa Lochan Madan (2014)
The Quran says
فَٱبْعَثُوا۟ حَكَمًا مِّنْ أَهْلِهِۦ وَحَكَمًا مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَـٰحًا يُوَفِّقِ ٱللَّهُ بَيْنَهُمَآ
“Send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them.”Monthly maintenance from your husband
The law says
A wife, or a divorced wife who has not remarried, who cannot support herself can ask the court for monthly maintenance for herself and her children. There is no upper limit. The Supreme Court said in 2024 (Mohd. Abdul Samad) that this applies to Muslim women too: maintenance is "not charity".
The Quran says
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِۦ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُۥ فَلْيُنفِقْ مِمَّآ ءَاتَىٰهُ ٱللَّهُ
“Let a man of wealth spend from his wealth, and he whose provision is restricted, let him spend from what Allah has given him.”What to do, step by step
- 1
Make sure you are safe
If you are in danger, call 112. For help and shelter, call 181 or go to the One Stop Centre in your district.
- 2
Get a free lawyer
Every woman is entitled to free legal aid, whatever her income. Call 15100, apply online, or walk into the legal services office at your district court. Carry your ID and any papers you have.
- 3
Collect your papers
Tick what you have. Your lawyer will also help you prepare the affidavit of your income and expenses that every maintenance case needs.
- 4
Your lawyer files the case
You can file in the court where you live now, even if it is your parents' city. Ask for interim maintenance at the same time.
What to expect
A legal aid lawyer can read the settlement with you for free, usually the same day at the legal services front office.
This is information, not legal advice. For your own case, talk to a free legal aid lawyer: call 15100.