SC corrects Rajeev Gandhi's mistake; grants Muslim women right to seek maintenance from husbands after divorce
July 16, 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
in Bharat, 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

FacebookTwitterWhatsAppTelegramEmail

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
Share2TweetSendShareSend
✮ 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

Patiala House Court, remanded law students Prabal Pratap Singh and Chander Bhan to 14 days' judicial custody

Delhi Court sends two law students to 14-day judicial custody over Supreme Court disturbance case

Supreme Court of India

Supreme Court pulls up Patna High Court over ruling that attempting to remove woman’s salwar was not attempt to rape

Gyanvapi Complex

Gyanvapi Row: Hindu side demands Mosque premises be vacated, Muslim side rejects mediation; Both seek court verdict

Air India Crash: Final report to be out soon

Air India AI-171 crash probe enters final phase; Draft investigation report likely by October, AAIB tells Supreme Court

Bhojshala Case: Supreme Court Declines Muslim Plea, No Namaz Allowed on Premises

Bhojshala: SC refuses to stay Madhya Pradesh HC order; No namaz allowed within premises, Bars structural changes by ASI

Tamil Nadu: Supreme Court stays Madras HC order directing state govt to ensure no cow slaughter

Load More

Latest News

Bombay HC upholds Gurbir Singh’s expulsion from Mumbai press club over Bhima-Koregaon accused meeting

The Union Cabinet has approved the MPMS and Semicon 2.0 schemes to strengthen electronics manufacturing

Modi Government’s Twin Tech Revolution: India eyes Rs 40 lakh crore electronics manufacturing boom

Demonstrators rally for justice for 13-year-old Christian girl Maria Shahbaz and other religious minority girls in Pakistan

Pakistani court sends 13-year-old Christian girl Maria back to 30-year-old Muslim abductor, sparking global outrage

UP govt's crackdown on ISIS network; NIA court awards five years of sentence to Rakib Imam Ansari (This image is generated by AI)

Uttar Pradesh: UP tightens grip on ISIS ecosystem; NIA court convicts Rakib Imam Ansari

Tamil Nadu Kudankulam data leak: NPCIL says nuclear safety not compromised, issues clarification

Hyderabad's iconic Taj Banjara hotel is being demolished after nearly four decades

Taj Banjara Demolition: Hyderabad’s iconic luxury hotel ends its journey after nearly four decades

ED

ED cracks down terror funding & infiltration network, raids across UP, Delhi, Haryana & West Bengal

A Hyderabad private school has terminated teacher Farhat Sultana after she allegedly asked a Hindu student to recite the Kalma & Surah Fatiha

Hyderabad School Row: Teacher Farhat Sultana terminated for asking a Hindu student to recite the Kalma & Surah Fatiha

Representative Image

Cabinet approves Rs 62,500 crore mobile phone manufacturing scheme to boost domestic production

Pouchalung Panmei passes away

Manipur: RSS condoles demise of Tamenglong Pracharak’s father Pouchalung Panmei

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