Supreme Court Upholds Right of Muslim Women to Seek Maintenance Under Section 125 CrPC
New Delhi, 10th July 2024: In a significant ruling on Wednesday, the Supreme Court of India declared that Muslim women are entitled to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), which applies universally to all women, irrespective of their religion. The court emphasized that maintenance is a right inherent to all married women, emphasizing it as a legal entitlement rather than an act of charity.
The bench comprising Justices B V Nagarathna and Augustine George Masih underscored that the Muslim Women (Protection of Rights on Divorce) Act, 1986 cannot supersede the secular and religion-neutral provisions of Section 125 of CrPC. They highlighted the importance of husbands providing financial support to their wives and suggested practical measures such as maintaining joint bank accounts and sharing ATM access to ensure economic stability within households.
Regarding the applicability of laws, the court clarified that if a Muslim woman is divorced during the pendency of a Section 125 CrPC petition, she can also seek relief under the Muslim Women (Protection of Rights on Marriage) Act, 2019, while continuing her petition under Section 125.
The Supreme Court dismissed an appeal by a Muslim man challenging a maintenance order favouring his ex-wife under Section 125 CrPC. The court firmly established that Section 125 applies universally to all women, including Muslim women, reaffirming principles laid down in the landmark Shah Bano case.
In response to the verdict, NCW Chief Rekha Sharma welcomed the decision, hailing it as a significant stride towards gender equality and justice for women across all religious communities.
