Divorced Muslim Women Can Seek Maintenance From Husbands – Supreme Court

Landmark Decision: Supreme Court Upholds Alimony Rights for Divorced Muslim Women

The Supreme Court of India on July 10, 2024 has ruled that divorced Muslim women are entitled to seek maintenance from their husbands under Section 125 of the Criminal Procedure Code (CPC).

The court clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986, will not override this secular law.

The case in question, Mohd Abdul Samad vs State of Telangana and anr, involved a petitioner (the husband) challenging the Telangana high court’s order to pay ₹10,000 interim maintenance to his ex-wife. Initially, a family court had directed him to pay ₹20,000 per month.

Bar and Bench quoted Justice Nagarathna saying while pronouncing the verdict, “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,”  said, pronouncing the verdict

Maintenance Rights:

The court upheld the right of divorced Muslim women to claim maintenance from their former spouses. This decision applies not only to married women but to all women.

Muslim Personal Law vs. Secular Law:

The petitioner argued that, as per Muslim personal law, a divorced Muslim woman cannot claim alimony under Section 125 CrPC. However, the Supreme Court clarified that Section 125 CrPC applies universally, regardless of religious background.

Recourse to 2019 Act:

The court also clarified that if a Muslim woman gets divorced during the pendency of an application under Section 125 CrPC, she can seek recourse to the Muslim Women (Protection of Rights on Marriage) Act, 2019.

The Supreme Court dismissed the criminal appeal, emphasizing the applicability of Section 125 CrPC to all women.

This ruling ensures that divorced Muslim women have legal protection and access to maintenance, irrespective of their marital status. It sets a precedent for gender equality and reinforces the rights of women in India.

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