The Kerala High Court has taken the view that a divorced Muslim woman is entitled to maintenance during iddat and thereafter also. In M. Slaviv. T.V. Safia, the question before the court was whether a divorced woman living in adultery was entitled to maintenance under Section 3 of the Act?
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Holding that she is entitled to maintenance the court said that the Act nowhere says that divorced woman who is living in adultery will not be entitled to provision and maintenance, and one should not read something in the Act which is not there.
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The court added that “it is not proper to refuse maintenance to divorced woman on the ground that it is art unjust burden to maintain a woman leading an adulterous life. Moreover, a divorced woman being not a married woman cannot commit adultery.