New Delhi: The Supreme Court on Wednesday ruled that a divorced Muslim woman can ask for maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC) and that the Muslim Women (Protection of Rights on Divorce) Act, 1986, will not prevail over the secular law.
A bench comprising justices BV Nagarathna and Justice Augustine George Masih pronounced separate but concurrent judgments.
The petitioner, a Muslim man, had questioned a Telangana High Court direction to pay Rs 10,000 interim maintenance to his former wife. The appeal filed by the petitioner contended that a divorced Muslim woman cannot seek maintenance under Section 125 of the CrPC as the Muslim Women (Protection of Rights on Divorce) Act, 1986, will prevail over it.
The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides for a procedure for a Muslim woman to claim maintenance during divorce. The law was introduced after the 1985 Shah Bano judgement. The judgement allowed a Muslim woman to take maintenance from her husband under Section 125 of the CrPC.
The apex court said it is dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women. The detailed order will be uploaded later in the day.
During the hearing, the petitioner’s counsel had submitted that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman filing a petition for maintenance under Section 125 of the CrPC is not maintainable and has to proceed under the provisions of the aforesaid 1986 Act. It was argued before the bench that the 1986 Act is more beneficial to the Muslim woman as compared to Section 125 of the CrPC.
