In a significant ruling, the Supreme Court has affirmed that a divorced Muslim woman has the right to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) from her former husband, as established in the case of Mohd Abdul Samad vs State of Telangana and anr.
Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments, upholding this right after a petitioner contested a Telangana High Court order to pay ₹10,000 as interim maintenance to his ex-wife.
"We are dismissing the appeal with the conclusion that Section 125 CrPC applies universally to all women, not just married ones," stated Justice Nagarathna during the verdict. This decision draws from a landmark 1985 ruling in the Shah Bano case, which recognized Section 125 CrPC as applicable to Muslim women before being superseded by the Muslim Women (Protection of Rights on Divorce) Act, 1986, upheld as valid in 2001.
The case in question arose from a Family Court directive requiring the petitioner to pay ₹20,000 per month in interim maintenance, which was subsequently reduced to ₹10,000 by the High Court.
The petitioner argued against the application of Section 125 CrPC, citing the provisions of the 1986 Act, which he claimed provided more beneficial terms for divorced Muslim women. The High Court's modification of the maintenance amount and its instruction to the Family Court to expedite the case within six months prompted the appeal to the Supreme Court.
The crux of the petitioner's argument revolved around the contention that the 1986 Act precludes divorced Muslim women from seeking relief under Section 125 CrPC.
However, the Supreme Court's ruling affirms the concurrent applicability of both legal provisions, ensuring divorced Muslim women retain the right to seek maintenance under CrPC Section 125, alongside the provisions of the 1986 Act. This decision clarifies legal ambiguities and reaffirms equitable rights for divorced Muslim women seeking financial support post-divorce.
