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    <title>2024 (7) TMI 1728 - Supreme Court</title>
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    <description>A divorced Muslim woman governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986 is not barred from invoking Section 125 CrPC, because that provision is a secular measure of social justice and the 1986 Act was read as providing additional protection rather than excluding the statutory remedy. The non-obstante clause in Section 3 was treated as not creating an express or implied bar, while Sections 5 and 7 were viewed as enabling and transitional. Any maintenance or provision already awarded or received under the 1986 Act may be considered when adjusting relief under Section 125, including under Section 127(3)(b), to avoid double benefit, but it does not extinguish the right to proceed under Section 125.</description>
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      <link>https://www.taxtmi.com/caselaws?id=465317</link>
      <description>A divorced Muslim woman governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986 is not barred from invoking Section 125 CrPC, because that provision is a secular measure of social justice and the 1986 Act was read as providing additional protection rather than excluding the statutory remedy. The non-obstante clause in Section 3 was treated as not creating an express or implied bar, while Sections 5 and 7 were viewed as enabling and transitional. Any maintenance or provision already awarded or received under the 1986 Act may be considered when adjusting relief under Section 125, including under Section 127(3)(b), to avoid double benefit, but it does not extinguish the right to proceed under Section 125.</description>
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