SC Upholds Right of Muslim Women to Seek Maintenance Under Section 125 of CrPC

GG News Bureau
New Delhi, 10th July. 
In a landmark judgment on Wednesday, the Supreme Court ruled that Muslim women have the right to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), which pertains to a wife’s entitlement to maintenance irrespective of her religion.

A bench comprising Justices BV Nagarathna and Augustine George Masih delivered a concurrent verdict, affirming that Section 125 applies universally to all married women, including Muslim women.

Justice Nagarathna, while pronouncing the verdict, emphasized that maintenance is a legal right, not an act of charity, ensuring financial support for married women across religious boundaries.

The bench’s decision came in response to the dismissal of the petition filed by Mohd Abdul Samad, challenging the Telangana High Court’s refusal to overturn a family court’s maintenance order.

Samad argued that divorced Muslim women are excluded from seeking maintenance under Section 125 and should instead rely on provisions outlined in the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Supreme Court’s verdict clarifies that Section 125 of the CrPC supersedes any perceived limitations based on religion, underscoring the equal entitlement of all married women to maintenance benefits. This judgment marks a significant stride towards gender equality and legal empowerment of women in India’s diverse societal fabric.

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