'Divorced Muslim women entitled to maintenance,' Supreme Court rules

The top court said that if a Muslim woman gets divorced during the pendency of an application under Section 125 CrPC, she can also seek recourse under the Muslim Women Act, 2019

The Supreme Court on Wednesday delivered a significant verdict affirming that a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code (CrPC) from her former husband, reported Live Law.

A bench comprising Justices BV Nagarathna and Augustine George Masih issued separate but concurrent judgments, reinforcing the rights of Muslim women. The case stemmed from a petition by a Muslim man challenging a Telangana High Court order that directed him to pay Rs 10,000 in interim maintenance to his ex-wife.

“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,” stated Justice Nagarathna while pronouncing the verdict.

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

This ruling resonates with the landmark Shah Bano case, wherein the Supreme Court held that Section 125 CrPC is a secular provision applicable to Muslim women. Although the Muslim Women (Protection of Rights on Divorce) Act, 1986, initially nullified this, the law’s validity was upheld in 2001.

The current petition challenges a Family Court order mandating the petitioner to pay Rs 20,000 per month in interim maintenance, subsequently reduced to Rs 10,000 by the Telangana High Court. The petitioner argues that, according to the 1986 Act, a divorced Muslim woman cannot claim maintenance under Section 125 CrPC, asserting that the 1986 Act provides more favourable provisions for Muslim women.