• By Imran Zafar
  • Wed, 10 Jul 2024 11:39 AM (IST)
  • Source:JND

The Supreme Court on Wednesday affirmed that divorced Muslim women can file for maintenance under Section 125 of the Criminal Procedure Code (CrPC) against their former husbands. This decision was delivered by a bench comprising Justices BV Nagarathna and Augustine George Masih, who pronounced separate but concurrent judgments.

The ruling came in response to a challenge by a Muslim man against a Telangana High Court order, which directed him to pay Rs 10,000 interim maintenance to his ex-wife. The petitioner argued that the maintenance order was invalid under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Justice Nagarathna, while delivering 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," as quoted by Bar and Bench.

The Court highlighted that if a Muslim woman gets divorced during the pendency of an application under Section 125 CrPC, she can seek remedy under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act provides an additional remedy alongside Section 125 CrPC.

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This decision builds upon the Supreme Court's landmark judgment in the Shah Bano case, which established that Section 125 CrPC is a secular provision applicable to Muslim women.

However, this precedent was countered by the Muslim Women (Protection of Rights on Divorce) Act, 1986, whose validity was upheld in 2001.

The petitioner contended that under the 1986 Act, a divorced Muslim woman is not entitled to claim benefits under Section 125 CrPC. He argued that the 1986 Act is more beneficial to Muslim women.

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The issue originated from a Family Court order directing the petitioner to pay Rs 20,000 per month as interim maintenance, later modified to Rs 10,000 by the High Court, which also instructed the Family Court to resolve the case within six months.

This ruling by the Supreme Court now reinforces the maintenance rights of divorced Muslim women under Section 125 CrPC, providing them with a legal avenue for support post-divorce.