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.
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.
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