In a landmark decision on Wednesday, the Supreme Court ruled that a divorced Muslim woman can seek maintenance from her estranged husband under Section 125 of the Code of Criminal Procedure (CrPC).
This ruling came as the Court addressed a special leave petition challenging the grant of interim maintenance.
The bench, headed by Justice B V Nagarathna, reviewed the petition filed by a husband contesting the interim maintenance award of Rs 10,000 per month to his former wife.
The petitioner argued that, according to the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman should not pursue maintenance claims under Section 125 of the CrPC but should instead proceed under the provisions of the 1986 Act.
The husband’s plea suggested that the 1986 Act provided more advantageous benefits to divorced Muslim women compared to Section 125 of the CrPC.
He also argued that, since the divorce certificate was issued in September 2017 according to personal laws, he was not obligated to pay maintenance after the divorce.
However, the Supreme Court affirmed that divorced Muslim women can seek maintenance under Section 125 of the CrPC, emphasizing this provision’s role in ensuring their financial well-being.
Justice Nagarathna highlighted the importance of safeguarding the rights of women and ensuring they receive adequate support irrespective of the specific personal laws governing their divorce.
This ruling is significant as it reinforces the maintenance rights of divorced Muslim women and ensures they have access to financial support, contributing to their economic stability and dignity.
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