Muslim Women Can Seek Maintenance From Husbands Under Section 125 Of CrPC, Rules Supreme Court

In a landmark decision, the Supreme Court on Wednesday (10 July) ruled that a Muslim woman can seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC).

A Supreme Court Bench of Justices B V Nagarathna and Augustine George pronounced separate but concurring judgments upholding Muslim woman's right after a Muslim man challenged a Telangana High Court direction to pay Rs 10,000 interim maintenance to his former wife.

The SC rejected the petition of one Mohd Abdul Samad challenging the Telangana High Court order to pay interim maintenance to his divorced wife.

"We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all woman and not just married woman," Justice Nagarathna said pronouncing the verdict, Bar and Bench reported.

The Court also held that if during the pendency of application under Section 125 CrPC, the concerned Muslim woman gets divorced, then she can take recourse to Muslim Women (Protection of Rights on Marriage) Act, 2019.

The 2019 Act provides remedy in addition to the remedy under Section 125 CrPC, the Court added.

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion.

The Court held that the provisions of the Muslim Women (Protection of Rights on Divorce) Act 1986 do not override the secular law.

The counsel appearing for the man had submitted that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to claim benefit under Section 125 CrPC.

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