Muslim women entitled to maintenance after divorce: What's the provision under Section 125 of CrPC? EXPLAINED

In a landmark judgment, the Supreme Court has declared that a Muslim woman is entitled to seek maintenance from her husband under Section 125 of the erstwhile Criminal Procedure Code (CrPC). The court emphasised that this provision is “religion neutral,” meaning it applies to all married women regardless of their religious background. This ruling underscores the universality of Section 125, which mandates that husbands provide financial support to their wives, reinforcing the principle that all women, irrespective of their faith, are protected under this law. The decision marks a crucial step in ensuring equal rights and legal protection for women across different religious communities in India.

A bench of Justices BV Nagarathna and 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. 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 had 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.
(a) Section 125 of the CrPC applies to all married women including Muslim married women
(b) Section 125 of the CrPC applies to all non-Muslim divorced women
In its comprehensive 99-page verdict, the Supreme Court has outlined that in instances of an unlawful divorce under the Muslim Women (Protection of Rights on Marriage) Act, 2019, a woman is entitled to seek subsistence allowance from her husband. The bench further clarified that if a Muslim woman undergoes a divorce while her petition under Section 125 of the Criminal Procedure Code (CrPC) is pending, she has the option to continue seeking relief under Section 125 of the CrPC or alternatively file a petition under the provisions of the 2019 law. This ruling underscores the court's commitment to ensuring that women, particularly Muslim women facing marital challenges, have adequate legal recourse to financial support and protection under the law.
The court emphasised that husbands are obligated to financially support their wives, proposing practical steps like maintaining joint bank accounts and sharing ATM access to ensure economic stability for women in the household.
Additionally, if a Muslim woman undergoes divorce while her Section 125 CrPC petition is pending, she can seek redress under the Muslim Women (Protection of Rights on Marriage) Act, 2019, and simultaneously pursue her Section 125 petition.
Section 125 of the CrPC: “If any person having sufficient means neglects or refuses to maintain (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, because of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance.”
The court rejected an appeal from a Muslim man challenging a maintenance order for his former wife under Section 125 CrPC. He argued that the 1986 Act, which aimed to counter the Shah Bano judgment, should prevail. However, the apex court reaffirmed that Muslim women have the right to seek maintenance under the “religion-neutral” Section 125 CrPC, aligning with the principles established in the Shah Bano case. The judgment explored the historical context of Muslim women's rights, specifically referencing the landmark 1985 Shah Bano case where the Supreme Court affirmed that Muslim women are entitled to maintenance under Section 125 of the CrPC.
(With inputs from agencies)
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