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Know your rights

I have been divorced (talaq)

You are owed your mahr, a fair provision for your future, and you can also claim monthly maintenance.

Divorce does not end your rights. Under the 1986 Act your former husband must pay your full mahr, return what was given to you, and make a fair provision for your future within the iddat period. Since the Supreme Court's 2024 judgment, you can also ask for monthly maintenance under Section 144 BNSS if you have not remarried.

Your rights

Mahr, iddat maintenance and a fair provision for your future

The law says

A divorced Muslim woman can claim her full mahr, everything given to her at or after marriage, and a "reasonable and fair provision" for her future, paid within the iddat period. The Supreme Court said this provision is not limited to three months. You do not have to prove you cannot support yourself.

Muslim Women (Protection of Rights on Divorce) Act 1986, Section 3; Danial Latifi (2001)

The Quran says

وَلِلْمُطَلَّقَـٰتِ مَتَـٰعٌۢ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ

“And for divorced women is a provision according to what is acceptable, a duty upon the righteous.”
Quran 2:241(Sahih International)

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".

Section 144 BNSS (old Section 125 CrPC)

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.”
Quran 65:7(Sahih International)

You can use both laws

The law says

A divorced Muslim woman may claim under Section 144 BNSS, the 1986 Act, or both. If you use more than one, you must tell each court about the other case, and the amounts are adjusted against each other.

Mohd. Abdul Samad v State of Telangana (2024); Rajnesh v Neha (2020)

The Quran says

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ وَلَوْ عَلَىٰٓ أَنفُسِكُمْ أَوِ ٱلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ

“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives.”
Quran 4:135(Sahih International)

What to do, step by step

  1. 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. 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.

    15100Write a letter asking for free legal aid
  3. 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. 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

Applications under the 1986 Act should be decided within one month "as far as possible". Courts are often slower. Legal aid lawyers can file both cases together.

See all helplines and legal aid

This is information, not legal advice. For your own case, talk to a free legal aid lawyer: call 15100.