The Supreme Court Today (July 10th) ruled that a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a landmark decision today, the Supreme Court ruled that divorced Muslim women are entitled to file claims for maintenance under Section 125 of the Criminal Procedure Code (CrPC) against their former husbands.
A bench comprising Justices BV Nagarathna and Augustine George Masih delivered separate but concurrent judgments, affirming the right of Muslim women to seek maintenance under the CrPC.
The case arose when a Muslim man, the petitioner, challenged a Telangana High Court directive requiring him to pay Rs 10,000 as interim maintenance to his ex-wife.
Justice Nagarathna, pronouncing the verdict, stated,
“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women.”
The Supreme Court’s decision is significant as it reiterates the stance taken in the Shah Bano case, where the Court had held that Section 125 CrPC is a secular provision applicable to Muslim women.
However, the implications of the Shah Bano judgment were nullified by the Muslim Women (Protection of Rights on Divorce) Act, 1986, whose validity was upheld in 2001.
The current petition raised a grievance over a claim filed under Section 125 CrPC by the respondent, a Muslim woman and the petitioner’s ex-wife. The issue originated from a Family Court order directing the petitioner to pay Rs 20,000 per month as interim maintenance.
The petitioner challenged this order in the High Court, arguing that the couple had divorced under Muslim personal law in 2017.
The High Court subsequently modified the interim maintenance to Rs 10,000 per month and instructed the Family Court to resolve the case within six months.
The counsel representing the petitioner argued that, under the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to claim benefits under Section 125 CrPC. They further contended that the 1986 Act is more beneficial to Muslim women.
CASE TITLE:
Mohd Abdul Samad vs State of Telangana and anr.
Click Here to Read Previous Reports on Muslim Woman
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
