On Wednesday, the Supreme Court ruled that a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband [Mohd Abdul Samad vs State of Telangana and anr].
A bench comprising Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming the right of a Muslim woman to claim maintenance. This ruling came after a Muslim man (the petitioner) challenged a Telangana High Court order directing him to pay ₹10,000 as interim maintenance to his former wife.
“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women, not just married women,” Justice Nagarathna stated while pronouncing the verdict.
The Court also clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. The Court added that the 2019 Act provides an additional remedy to the one under Section 125 CrPC.
In the landmark Shah Bano case, the Supreme Court had previously ruled that Section 125 CrPC is a secular provision applicable to Muslim women. However, this was nullified by the Muslim Women (Protection of Rights on Divorce) Act, 1986, whose validity was upheld in 2001.
The petition before the Supreme Court concerned a grievance over a claim filed under Section 125 of the CrPC by a Muslim woman, who was the wife of the petitioner before their divorce. The matter originated from a Family Court order directing the petitioner to pay interim maintenance of ₹20,000 per month. This was challenged before the High Court on the grounds that the couple had divorced according to Muslim personal law in 2017. The High Court modified the maintenance to ₹10,000 per month and instructed the family court to resolve the case within six months.
The petitioner’s counsel argued that, according to the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to claim benefits under Section 125 CrPC, asserting that the 1986 Act is more beneficial to Muslim women.
