Victorious Justice: Supreme Court Affirms Empowering Maintenance Rights for Divorced Muslim Women under CrPC Section 125
In a landmark ruling, the Supreme Court has confirmed that divorced Muslim women can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), reinforcing their right to financial support from former husbands.
The decision came from the case of Mohd Abdul Samad vs State of Telangana and anr. Justices BV Nagarathna and Augustine George Masih delivered concurring judgments, upholding the Telangana High Court’s order for the petitioner to pay Rs 10,000 per month in interim maintenance to his ex-wife.
Justice Nagarathna highlighted that “Section 125 CrPC applies universally to all women, not just married ones,” dismissing the appeal. This echoes the historic 1985 Shah Bano case, which acknowledged the applicability of Section 125 CrPC to Muslim women before the Muslim Women (Protection of Rights on Divorce) Act, 1986, whose validity was reaffirmed in 2001.
The case began with a Family Court directing the petitioner to pay Rs 20,000 per month in interim maintenance, later reduced to Rs 10,000 by the High Court. The petitioner challenged the application of Section 125 CrPC, arguing the 1986 Act provided more beneficial terms for divorced Muslim women. The Supreme Court appeal followed the High Court’s adjustment of the maintenance amount and its directive to expedite the case within six months.
Central to the petitioner’s argument was that the 1986 Act excluded divorced Muslim women from seeking relief under Section 125 CrPC. However, the Supreme Court ruled that both legal provisions are concurrently applicable, ensuring that divorced Muslim women can seek maintenance under Section 125 CrPC alongside the 1986 Act.
This decision not only clarifies legal ambiguities but also strengthens the equitable rights of divorced Muslim women, affirming their ability to seek financial support post-divorce. The Supreme Court’s ruling marks a notable advancement in upholding justice and equality for all women in India.
Original Story https://www.indiatodayne.in/national/story/supreme-court-affirms-maintenance-rights-for-divorced-muslim-women-under-crpc-section-125-1046152-2024-07-10?utm_source=rssfeed
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