In a landmark ruling on Wednesday, the Supreme Court of India affirmed that divorced Muslim women have the right to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). This decision broadens the scope of Section 125 CrPC, which was previously interpreted to apply primarily to married women.
The ruling came in response to a challenge by a Muslim man from Telangana, who contested a High Court order mandating him to pay Rs 10,000 in interim maintenance to his ex-wife. Justices BV Nagarathna and Augustine George Masih delivered separate but concurrent judgments, underscoring that Section 125 CrPC is applicable to all women, regardless of their marital status.
“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women,” Justice Nagarathna stated, as reported by Bar and Bench. The justices highlighted that if a Muslim woman is divorced during her application under Section 125 CrPC, she can seek additional recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The Supreme Court’s decision reaffirms the applicability of Section 125 CrPC to divorced Muslim women, despite the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which initially restricted such claims. This follows the precedent set by the landmark Shah Bano case, wherein the Court recognized Section 125 CrPC as a secular provision applicable to Muslim women.
In the present case, a Muslim woman, formerly married to the petitioner, filed for maintenance under Section 125 CrPC after their divorce. Initially, the Family Court awarded her Rs 20,000 per month, which was later reduced to Rs 10,000 by the High Court, urging an expedited resolution.
The petitioner argued against the application of Section 125 CrPC post-divorce under Muslim personal law, citing the 1986 Act’s provisions as more favorable to Muslim women. However, the Court emphasized the universal application of Section 125 CrPC, complemented by the 2019 Act, which provides additional remedies for divorced Muslim women.
