Muslim woman can ask for alimony from husband: Supreme Court
#News Bureau July 10,2024
Now after divorce, Muslim women can also demand alimony from their husbands under Section 125 of CrPC. In a landmark judgement, the Supreme Court has declared that Section 125 of the Code of Criminal Procedure, relating to a wife’s right to maintenance, applies to all married women, irrespective of their religion.
The Supreme Court’s judgement clearly states that Muslim women can also resort to this provision to seek alimony after divorce. The judgement was pronounced by a bench of Justices BV Nagarathna and Augustine George Masih, who delivered separate but unanimous judgments.
Now after divorce, Muslim women can also seek alimony from their husbands under Section 125 of CrPC. In a landmark verdict, the Supreme Court has declared that Section 125 of the Code of Criminal Procedure, dealing with a wife’s right to maintenance, applies to all married women, irrespective of their religion.
The Supreme Court verdict clearly states that Muslim women can also resort to this provision to seek maintenance after divorce. The verdict was pronounced by a bench comprising Justices BV Nagarathna and Augustine George Masih, who delivered separate but unanimous judgments.
According to a report by Live Law, a bench of Justices BV Nagarathna and Augustine George Masih dismissed a plea by a Muslim man against a direction to pay interim maintenance to his divorced wife under Section 125 CrPC. The court held that the Muslim Women (Protection of Rights on Divorce) Act 1986 will not prevail over secular law.
Justice Nagarathna said, ‘We are dismissing the criminal appeal with the conclusion that Section 125 CrPC will apply to all women, not just married women.’
The bench clarified that if a Muslim woman is divorced during the pendency of the petition under Section 125 of the CrPC, then she can resort to the Muslim Women (Protection of Rights on Marriage) Act 2019.
The counsel for the petitioner argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, bars a divorced Muslim woman from claiming benefits under Section 125 CrPC. However, the Supreme Court bench rejected this argument and upheld the right of a Muslim woman to seek maintenance under the common law.
‘Maintenance is not charity, it is a fundamental right’
In its judgment, the Supreme Court said that maintenance is not a matter of charity but a fundamental right of married women. The court said that this right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women.
The Supreme Court stressed that the time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family. The bench called for husbands to provide financial support to their wives, and suggested practical measures such as opening joint bank accounts and sharing access to ATMs to ensure economic stability for women within the household. The court said,
The Supreme Court stressed that the time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family. The bench called for husbands to provide financial support to their wives, and suggested practical measures such as opening joint bank accounts and sharing access to ATMs to ensure economic stability for women within the household. The court said,