Supreme Court Recognizes Right to Maintenance for Divorced Muslim Women Under CrPC

New Delhi: In a significant judgment with split verdicts by a two-judge bench, the Supreme Court has upheld the right of divorced Muslim women to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC).

The case, Mohd Abdul Samad vs. State of Telangana and anr., involved a Muslim woman who filed a petition under Section 125 CrPC after her divorce, seeking maintenance from her former husband. The lower courts had ordered interim maintenance, which was challenged by the husband.

Justice BV Nagarathna, in a landmark decision, held that Section 125 CrPC applies to all women, including those who are divorced, irrespective of their religion. She highlighted that the CrPC is a secular law guaranteeing maintenance rights, and dismissed the husband's appeal.

Justice Augustine George Masih delivered a separate but concurring verdict, emphasizing that the Muslim Women (Protection of Rights on Marriage) Act, 2019, offers additional rights to divorced Muslim women beyond those provided under the CrPC. The court clarified that both the 2019 Act and Section 125 CrPC can be used by divorced Muslim women to claim maintenance.

This judgment comes after a long history of legal battles concerning Muslim women's right to maintenance. The 1986 Muslim Women (Protection of Rights on Divorce) Act had previously restricted access to CrPC maintenance for divorced Muslim women. This split verdict by the Supreme Court paves the way for greater clarity and strengthens the rights of divorced Muslim women in India.