The Supreme Court on Wednesday ruled that a Muslim woman is entitled to maintenance against her husband under Section 125 of the Code of Criminal Procedure under which a person has to pay monthly allowance for the maintenance of his wife or such child, father or mother facing neglect or refusal of their maintenance.
Holding that the Muslim Women (Protection of Rights on Divorce) Act 1986 will not prevail over the secular law, a bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a plea by a Muslim man against the direction to pay interim maintenance to his divorced wife under Section 125 Code of Criminal Procedure.
Both Justice Nagarathna and Justice Masih delivered separate but concurring judgments.
“We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women,” Justice Nagarathna said, pronouncing the order.
Clarifying that if during the pendency of a petition under Section 125 of the CrPC, a Muslim woman is divorced, then she can take recourse to the Muslim Women (Protection of Rights on Marriage) Act 2019. The court said that the remedy under the 2 the Muslim Women (Protection of Rights on Marriage) Act 2019, is in addition to the remedy under Section 125 CrPC.
The top court ruling came while addressing the question whether a Muslim woman is entitled to maintenance from her estranged husband under Section 125 of the Code of Criminal Procedure. The issue arose in the wake of a petition by one Mohd.
Abdul Samad challenged the Telangana High Court order directing him to pay maintenance to his estranged wife under Section 125 of the Code of Criminal Procedure.