The Supreme Court on Wednesday has given a big decision in favor of Muslim women. The court said that any Muslim divorced woman can ask for maintenance from her husband. For this, women can file a petition under Section 125 of CrPC.
Supreme court said that this section applies to all married women, irrespective of their religion. Justice Biwi Nagarathna and Justice Augustine George Masih, while delivering the verdict, said that Muslim women can exercise their legal right for maintenance. She can file a petition related to this under Section 125 of the Code of Criminal Procedure.
Alimony is not a donation
The bench further said that alimony is not a charity but a right of married women. This section applies to all married women, irrespective of their religion. Muslim women can also take recourse to this provision.
Delivering the judgement, Justice Nagarathna said, ‘We are dismissing the criminal appeal with the conclusion that Section 125 will apply to all women and not just married women.’
What is the matter?
A Muslim man named Abdul Samad had challenged the Telangana High Court’s order to pay maintenance to his wife in the Supreme Court. The man had argued in the Supreme Court that a divorced Muslim woman is not entitled to file a petition under Section 125 of CrPC. The woman will have to follow the provisions of the Muslim Women Act, 1986. In such a situation, the question before the court was whether Muslim Women Act, 1986 should be given priority in this case or Section 125 of CrPC.
What is Section 125 of CrPC?
Section 125 of CrPC gives detailed information regarding maintenance of wife, children and parents. According to this section, the wife, parents or children dependent on the husband, father or children can claim maintenance only when they have no other means of livelihood available.
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