Muslim women entitled to alimony on divorce: SC,

Muslim women entitled to alimony on divorce: SC,

New Delhi: The Supreme Court rules that Section 125 CrPC, which deals with a wife's legal right to maintenance, is applicable to all women and a divorced Muslim female can file a petition under this provision for maintenance from her husband.

The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion.

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.

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.

In other words, a Muslim woman can seek alimony from her husband after divorce, the Supreme Court said today.