SC says Muslim women can seek maintenance from husbands after divorce

While delivering a landmark judgment, the Supreme Court on Wednesday ruled that Muslim women are allowed to seek maintenance from their husbands under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all women irrespective of religion.

"Muslim woman entitled to seek maintenance from spouse under 'religion neutral' Section 125 of CrPC," ordered the apex court.

A bench of Justices BV Nagarathna and Augustine George Masih, which pronounced a separate but concurrent verdict, said section 125 of the erstwhile CrPC which deals with wife's legal right to maintenance, covers Muslim women.


"We are hereby dismissing the criminal appeal with the major conclusion that section 125 would be applicable to all women and not just married women," Justice Nagarathna said while pronouncing the verdict.

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion.

About the court case:
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 has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The bench had reserved its verdict on February 19 after hearing senior advocate Wasim Qadri for the petitioner. It had appointed advocate Gaurav Agarwal as amicus curiae in the matter to assist the court.

On December 13, 2023, the high court did not set aside the direction of the family court for payment of interim maintenance by Samad to his estranged wife but reduced the amount from Rs 20,000 to Rs 10,000 per month, to be paid from the date of petition.

Samad contended before the high court that they got divorced in accordance with personal laws in 2017 and there was a divorce certificate to that effect, but it was not considered by the Family Court, which ordered for payment of interim maintenance.

(with agency inputs)