In a landmark decision, the Supreme Court ruled that divorced Muslim women have the right to claim maintenance from their husbands under Section 125 of the Criminal Procedure Code (CrPC). The court asserted that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not supersede the applicability of secular laws in this regard.
A Bench comprising Justices BV Nagarathna and Augustine George Masih upheld this right while hearing a petition challenging the Telangana High Court’s directive for a Muslim man to pay ₹10,000 as interim maintenance to his ex-wife.
Justice Nagarathna mentioned, “Section 125 CrPC would be applicable to all women and not just married women,” highlighting the broad application of the law irrespective of personal laws.
The case, titled ‘Mohd Abdul Samad vs State of Telangana and anr’, involved the petitioner contesting maintenance claims by his divorced wife, initially awarded ₹20,000 by a family court, which was later reduced to ₹10,000 by the high court.
The Supreme Court’s decision clarifies that divorced Muslim women can approach Section 125 CrPC for maintenance, affirming their rights under secular law despite personal law considerations.
