New Delhi: In a landmark judgment, the Supreme Court on Wednesday said that a divorced Muslim woman can seek alimony from her husband under Section 125 of the Code of Criminal Procedure, the law related to maintenance for wives.
The ruling came in the case of one Mohd Abdul Samad versus State of Telangana.
A bench of Justice BV Nagarathna and Justice Augustine George Masih pronounced a separate but concurrent verdict affirming the rights of Muslim women while dismissing a petition, challenging a Telangana High Court order directing Mohd Abdul Samad to pay Rs 10,000 as interim maintenance to his former 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,” the bench said
The court maintained that the law for seeking maintenance applies to all married women, irrespective of their religion. “Maintenance is not a matter of charity but a fundamental right of married women. This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women.”
It also clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act offers additional remedies alongside Section 125 CrPC.
