Supreme Court Affirms Right of Divorced Muslim Women to Maintenance under Section 125 CrPC
In a landmark decision, the Supreme Court of India has ruled that divorced Muslim women are entitled to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). This ruling came in response to a challenge by a Muslim man from Telangana against a High Court order requiring him to pay ₹10,000 in interim maintenance to his former wife.
The Case and the Ruling
The challenge was brought by Mohammed Abdul Samad, who argued that a divorced Muslim woman is not entitled to maintenance under Section 125 CrPC and should instead seek relief under the Muslim Women (Protection of Rights on Divorce) Act, 1986. However, the Supreme Court dismissed his petition, reaffirming that the “secular” provision of Section 125 CrPC is applicable to all women, regardless of their religion.
Separate but Concurrent Judgments
Justices BV Nagarathna and Augustine George Masih delivered separate but concurrent judgments, underscoring the applicability of Section 125 CrPC to all women. Justice Nagarathna 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.”
Interplay with Muslim Personal Laws
The Court clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not supersede the secular provisions of the CrPC. The judges also highlighted that if a Muslim woman is divorced during her application under Section 125 CrPC, she can seek additional remedies under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Historical Context and Legal Precedent
This ruling builds on the precedent set by the Shah Bano case, where the Court recognized Section 125 CrPC as a secular provision applicable to Muslim women. Although the 1986 Act initially curtailed these rights, this decision reaffirms the secular applicability of Section 125 CrPC.
The Petition and Maintenance Orders
The case originated when a Muslim woman, formerly married to the petitioner, sought maintenance under Section 125 CrPC following their divorce. The Family Court initially awarded her ₹20,000 per month, which the High Court later reduced to ₹10,000, urging an expedited resolution.
Conclusion
The Supreme Court’s decision underscores the right of divorced Muslim women to claim maintenance under Section 125 CrPC, reaffirming the provision’s secular nature and its applicability to all women in India. This ruling represents a significant step towards ensuring equitable treatment and legal protection for divorced women, irrespective of their religious backgrounds.
