SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC
The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion.
NEW DELHI: In a significant decision, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion.
The two-judge Bench of the top court, led by Justice BV Nagarathna and Augustine George Masih, rejected the petition of one Mohd Abdul Samad challenging the Telangana High Court order to pay interim maintenance to his divorced wife.
“We are hereby dismissing the criminal appeal with the major conclusion that section 125 would be applicable to all women and not just married women,” Justice Nagarathna said while pronouncing the verdict.
The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion.
The Court held that the provisions of the Muslim Women (Protection of Rights on Divorce) Act 1986 do not override the secular law.
He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
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