Supreme Court Upholds Right of Muslim Women to Seek Maintenance
In a landmark ruling today, the Supreme Court declared that a divorced Muslim woman is entitled to seek alimony from her husband under Section 125 of the Code of Criminal Procedure, which pertains to maintenance for wives. The significant judgment was delivered by a bench comprising Justice BV Nagarathna and Justice Augustine George Masih.
As per the reports, the decision came as the court dismissed a petition filed by a Muslim man who challenged the directive to pay maintenance to his former wife post-divorce. This ruling reinforces the legal rights of divorced Muslim women to claim alimony, ensuring their financial protection and support.
Justice Nagarathna asserted, “”We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women and not just married women.” Justice Nagarathna and Justice Masih delivered separate yet concurring judgments.
The bench clarified that the law for seeking maintenance applies to all married women, regardless of their religion.
The Supreme Court emphasized that Section 125 of the Code of Criminal Procedure mandates that a person with sufficient means cannot deny maintenance to their wife, children, or parents. The court underscored that maintenance is not a matter of charity but a fundamental right for married women.
“This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women,” the court stated. This landmark ruling affirms that all married women, irrespective of their religion, are entitled to maintenance, ensuring their financial protection and support.
Rekha Sharma, the chairperson of the National Commission for Women (NCW), has expressed strong support for the Supreme Court’s recent judgment. “NCW Chairperson, Ms. Rekha Sharma, wholeheartedly welcomes the Supreme Court’s landmark ruling affirming the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards gender equality and justice for all women,” the commission stated in a post on X.
