Supreme Court Reaffirms Divorced Muslim Woman Entitlement to Maintenance Under Section 125 CrPC
On Wednesday, the Supreme Court of India reaffirmed that a divorced Muslim woman is entitled to maintenance from her former husband under Section 125 of the Code of Criminal Procedure (CrPC). The bench, comprising Justices BV Nagarathna and Augustine George Masih, dismissed a petition filed by a man challenging the directive to pay interim maintenance to his divorced wife under this provision.The Court emphasized that Section 125 CrPC is a secular provision designed to prevent destitution and provide financial support to wives, children, and parents who cannot maintain themselves.
This ruling upholds the principle that the law applies equally to all women, regardless of their religion.Additionally, the bench clarified that if a woman gets divorced during the pendency of her application for maintenance under Section 125, she can seek further remedies under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act provides additional protections and remedies for Muslim women.
This decision reinforces the Court’s stance from the landmark Shah Bano case and subsequent judgments, ensuring that divorced Muslim women have access to maintenance and are not left without financial support.
