SC corrects Rajeev Gandhi's mistake; grants Muslim women right to seek maintenance from husbands after divorce
August 26, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

SC corrects Rajeev Gandhi’s mistake; grants Muslim women right to seek maintenance from husbands after divorce

The bench of Justice BV Nagarathna and Justice Augustine George Masih said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion

WEBDESKWEBDESK
Jul 10, 2024, 12:45 pm IST
inBharat, Law
Follow on Google News
Muslim women can get maintenance from their husbands after divorce: Supreme Court

Muslim women can get maintenance from their husbands after divorce: Supreme Court

Facebook
Twitter
WhatsAppTelegramEmail

NEW DELHI: In a landmark decision, the Supreme Court on July 10 ruled that a divorced Muslim woman can seek maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (CrPC). The ruling came in the case of one Mohd Abdul Samad Vs State of Telangana. This came after a man challenged a Telangana High Court order directing him to pay Rs 10,000 as interim maintenance to his former wife.

Read More: Kargil War 25th Anniversary: Know about Pakistan Air Chief Marshall Parvaiz Qureshi, who stood against Pervez Musharraf

The historic judgment by the bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a Abdul Samad’s petition challenging a direction to pay maintenance to his divorced wife under CrPC.
Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming the rights of Muslim women. Justice Nagarathna, in her judgment, stated, “We are dismissing the criminal appeal with the conclusion that Section 125 CrPC applies to all women, not just married women.”

The bench further said that, Maintenance, is not charity, but the right of married women. “Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. The time has come when the Indian man must recognise a homemaker’s role and sacrifice,” Justice Nagarathna said.

#SupremeCourt rules that a divorced #Muslim woman can ask for maintenance from her husband under Section 125 of CrPC & Muslim Women (Protection of Rights on Divorce) Act, 1986, will not prevail over the secular law.

Bench of Justices BV Nagarathna and Augustine George Masih… pic.twitter.com/y99OINzYtO

— Prashant Umrao (@ippatel) July 10, 2024

The bench made it clear that the law for seeking maintenance applies to all married women, irrespective of their religion. The High Court further 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 also offers additional remedies alongside Section 125 CrPC.

It is to be noted that, The Supreme Court also held that the Muslim Women (Protection of Rights on Divorce) Act 1986, passed by the Rajiv Gandhi Government in response to its Shah Bano judgment of 1985, will not prevail over secular law.

The Shah Bano case, decided in 1985, was a crucial moment in the history of Muslim women’s rights in India.
Shah Bano, a divorced Muslim woman, had filed a suit for maintenance against her husband, Mohammed Ahmed Khan. The Supreme Court ruled in her favour, granting her the right to maintenance under Section 125 of the Criminal Procedure Code (CrPC). This judgment sparked widespread controversy, with Muslim bodies, politicians and clerics arguing that it was in conflict with Islamic law.

In response to the backlash, the then Rajiv Gandhi Government enacted the Muslim Women (Protection of Rights on Divorce) Act 1986. This act restricted the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce also known as the iddat period.

The Act was seen as discriminatory, as it denied Muslim women the right to basic maintenance available to women under secular law.

Topics: MainitenanceSupreme CourtdivorceMuslim woman
Share2
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Meghalaya: KSU intensifies campaign against illegal influx of non-tribal workers, sparking controversy

Next News

Chhattisgarh Liquor Scam: EOW nab state head of Noida based firm linked with supplying fake holograms to distillers

Related News

The Supreme Court of India

“Can the court direct fresh elections like this?”: SC questions TMC plea over West Bengal SIR voter deletion

Supreme Court rejects rape convict Tarun Tejpal’s exemption plea; Orders to surrender within two weeks

Pakistan PM Shehbaz Sharif and Former PM Imran Khan

Pakistan: Contempt plea filed against PM Shehbaz Sharif & 2 ministers for defying Supreme Court order on Imran Khan

Goa government moves Supreme Court seeking life imprisonment for convicted rapist Tarun Tejpal

Goa government demands life imprisonment for convicted rapist Tarun Tejpal, escalates case to Supreme Court

Uttar Pradesh Cabinet has approved amendments to the Madrasa Education Act, ending the recognition of Kamil and Fazil degrees

Uttar Pradesh: Yogi government ends recognition of Kamil and Fazil degrees in line with Supreme Court ruling

Tamil Nadu: Supreme Court refuses to stay HC order on Thiruparankundram Deepam; TVK govt faces legal setback

Load More

Latest News

HM Amit Shah in Lok Sabha (Representative image)

‘Bharat is not a dharamshala’: Amit Shah says only citizens have right to live in country, vows infiltrator-free nation

Anchoring the Village: Inside MoRD's Multi-Scheme Strategy to Keep Rural India at Home(AI Generated Image)

How India’s rural development architecture is rewriting the migration story

Home minister Priyank Kharge tells no case registered against RSS in Karnataka

Rajasthan High Court

Rajasthan High Court orders major school food reform, bans chips, fizzy drinks within 50 metres of schools

A representative image

FSSAI Flags Bournvita Claims: Mondelez removes health, nutrient claims from e-commerce platforms

The Supreme Court of India

“Can the court direct fresh elections like this?”: SC questions TMC plea over West Bengal SIR voter deletion

A representative image

NADCP Impact: FMD outbreaks fall from 132 to 40, brucellosis cases also decline since 2019

A representative image

Regenerative Agriculture: Why India needs to restore soil, save water and build climate-resilient farms

A representative image generated using AI

Hindu Hate Watch-A Weekly Tracker: 66 cases of abuses, assault and killings of Hindus reported this week

Empowering Indian youth with Cloud and AI skills, building a future-ready workforce for the digital economy (This image is generated by AI)

Scaling India’s AI Talent Pool: NSDC and AWS target 1.6 Lakh future tech professionals

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies