NEW DELHI (Diya TV) — India’s Supreme Court declared that divorced Muslim women are entitled to seek alimony from their ex-husbands under Section 125 of the Code of Criminal Procedure (CrPC). This significant judgment came as a bench of Justices BV Nagarathna and Augustine George Masih dismissed a petition by a Muslim man challenging the maintenance payment to his divorced wife.
Justice Nagarathna emphasized, “We are dismissing the criminal appeal with the conclusion that Section 125 would be applicable to all women, not just married women.” Both Justices Nagarathna and Masih delivered separate but concurrent judgments, reinforcing that the maintenance law applies to all married women, regardless of their religion.
Section 125 of CrPC broadly mandates that individuals with sufficient means cannot deny maintenance to their wives, children, or parents. The court highlighted that maintenance is a fundamental right of married women, transcending religious boundaries and reinforcing gender equality and financial security.
Justice Nagarathna further stated, “Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. Time has come for Indian men to recognize the indispensable role and sacrifices made by housewives for the family.”
Rekha Sharma, chairperson of the National Commission for Women, welcomed the judgment. She remarked, “This decision is a significant step towards gender equality and justice for all women,” underscoring the ruling’s importance in promoting women’s rights.
The judgment stemmed from a petition by Mohd Abdul Samad, who was ordered by a family court to pay a monthly allowance of ₹20,000 (roughly $250) to his divorced wife. Samad challenged this direction in the Telangana High Court, which upheld the maintenance order but reduced the amount to ₹10,000 (about $125). Dissatisfied, Samad took his case to the Supreme Court.
Samad’s counsel argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, should take precedence over Section 125 CrPC. He contended that this Act provides more comprehensive provisions for divorced Muslim women. However, Amicus Curiae Gaurav Agarwal countered, stating that personal law does not negate a woman’s entitlement to relief under the gender-neutral CrPC.
To grasp the significance of this ruling, it’s essential to revisit the Shah Bano case of 1985. The Supreme Court then ruled that Section 125 CrPC applies to everyone, irrespective of religion. However, the Muslim Women (Protection of Rights on Divorce) Act, 1986, later stated that Muslim women could seek maintenance only during the iddat period (90 days post-divorce). In 2001, the Supreme Court upheld the 1986 Act’s constitutional validity but ruled that a man’s obligation to provide maintenance extends until his ex-wife remarries or can support herself.
The current ruling consolidates a divorced woman’s right to seek alimony under CrPC, irrespective of her religion.
