Supreme Court rules Muslim women can seek maintenance under section 125 of CrPC

PTI Updated - July 10, 2024 at 11:50 AM.

The court emphasised that maintenance is a right of married women, not charity, and applies universally.

The Supreme Court has ruled that Muslim women can seek maintenance from their husbands under section 125 of the Code of Criminal Procedure, which applies to all married women regardless of religion. | Photo Credit: SUSHIL KUMAR VERMA

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 applies to all married women irrespective of religion.

A bench of Justices BV Nagarathna and Augustine George Masih, which pronounced a separate but concurrent verdict, said section 125 of the erstwhile CrPC, which deals with wife’s legal right to maintenance, covers Muslim women.

“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 applies to all married women irrespective of their religion.

The top court dismissed the petition of one Mohd Abdul Samad, who has challenged the order of the Telangana High Court refusing to interfere with the maintenance order of the family court.

He has contended that a divorced Muslim woman is not entitled to maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Published on July 10, 2024 06:19

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