1. Supreme Court affirms maintenance rights for divorced Muslim women under Section 125 of CrPC.
2. Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments.
3. Landmark’s decision ensures financial support for divorced Muslim women across India.
New Delhi, July 10: In a landmark decision, the Supreme Court has affirmed that divorced Muslim women have the right to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), securing their entitlement to financial support from their former husbands.
The ruling was delivered in the case of Mohd Abdul Samad vs State of Telangana and air, with Justices BV Nagarathna and Augustine George Masih delivering separate but concurring judgments.
Upholding the Telangana High Court’s order for the petitioner to pay Rs 10,000 in interim maintenance to his ex-wife, Justice Nagarathna emphasized the universal applicability of Section 125 CrPC to all women, irrespective of marital status.
This decision reaffirms the principles established in the historic 1985 Shah Bano case, which recognized Section 125 CrPC’s application to Muslim women before the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The validity of the 1986 Act, which provided alternative provisions, was upheld in 2001.
The case originated from a Family Court directive requiring the petitioner to pay ₹20,000 per month in interim maintenance, later reduced to Rs 10,000 by the High Court.
The petitioner contested the applicability of Section 125 CrPC, arguing that the 1986 Act offered more favorable terms for divorced Muslim women.
The appeal to the Supreme Court was prompted by the High Court’s modification of the maintenance amount and its directive for expedited proceedings within six months.
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Central to the petitioner’s argument was the contention that the 1986 Act excluded divorced Muslim women from seeking relief under Section 125 CrPC.
However, the Supreme Court’s verdict affirmed the concurrent applicability of both legal provisions, ensuring divorced Muslim women retain the right to seek maintenance under Section 125 CrPC alongside provisions of the 1986 Act.
This landmark decision not only clarifies legal ambiguities but also upholds the equitable rights of divorced Muslim women, ensuring their access to financial support post-divorce.
The Supreme Court’s ruling marks a significant stride in advancing justice and equality for all women in India.
