Muslim Women Can Claim Maintenance After Divorce: Supreme Court

In groundbreaking decision by supreme court said that now divorced Muslim woman can also seek for maintenance from ex-husband under the section 125 of the criminal procedure code.  This ruling came out in response of one of case Mohd Abduk Samad vs state of Telangana. 

Justices BV Nagarathna and Augustine George Masih issued separate but concurring judgments affirming the rights of Muslim women. The ruling was made in response to a man challenging a Telangana High Court order to pay interim maintenance to his ex-wife. Justice Nagarathna stated that Section 125 CrPC applies to all women, not just married women.

Supreme Court rules that Section 125 CrPC, which deals with 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. pic.twitter.com/5pFpbagjkD

— ANI (@ANI) July 10, 2024

"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 stated. The Court clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek help from the Muslim Women (Protection of Rights on Marriage) Act, 2019, which provides additional remedies.