Supreme Court Affirms Maintenance Rights for Muslim Women Under Secular Law

Divorced Muslim women can now seek alimony under Section 125 CrPC, ensuring financial security. The Court also allows recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

In a significant ruling, the Supreme Court declared that Muslim women are eligible to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), which applies universally to all married women regardless of their religion.

The decision, delivered by a two-judge Bench led by Justices BV Nagarathna and Augustine George Masih, dismissed the appeal of Mohd Abdul Samad challenging an interim maintenance order for his divorced wife issued by the Telangana High Court.

The Court emphasized that maintenance is a right, not charity, applicable equally to all married women, irrespective of religious affiliation, affirming that the provisions of the Muslim Women (Protection of Rights on Divorce) Act 1986 do not supersede secular law.