The Supreme Court of India ruled on Wednesday that Muslim women can seek financial support from their husbands even after divorce, under Section 125 of the Criminal Procedure Code (CrPC). This decision came as the court dismissed a petition filed by a Muslim man who opposed paying maintenance to his ex-wife.
The court emphasized that the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not override the country’s secular laws. Justice B V Nagarathna stated, Section 125 CrPC applies to all women, not just those who are currently married.
Justices BV Nagarathna and Augustine George Masih, in separate but concurring judgments, upheld the rights of Muslim women. The case originated from a Muslim man’s appeal against a Telangana High Court order directing him to pay Rs 10,000 monthly as interim maintenance to his ex-wife.
The Supreme Court clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek relief under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This Act provides additional legal recourse alongside Section 125 CrPC.
The case in question involved a Family Court’s order requiring the petitioner to pay Rs 20,000 monthly as maintenance, which was later reduced to Rs 10,000 by the Telangana High Court. The petitioner argued that the 1986 Act prevents a divorced Muslim woman from claiming maintenance under Section 125 CrPC, asserting that the 1986 Act offers more favourable provisions for Muslim women.
NCW Chairperson, Ms. Rekha Sharma twitted on X, "I wholeheartedly welcomes the Supreme Court’s landmark ruling affirming the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards gender equality and justice for all women."
