SC on Muslim Women's Right to Maintenance: ‘Muslim Woman Entitled To Seek Maintenance After Divorce Under Section 125 of CrPC’, Says Supreme Court
The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion.
New Delhi, July 9: The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion. A bench of Justices BV Nagarathna and Augustine George Masih, which pronounced a separate but concurrent verdict, said section 125 of the erstwhile CrPC which deals with wife's legal right to maintenance, covers Muslim women.
"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 said while pronouncing the verdict. Counterfeit Currency Case: Supreme Court Rebukes NIA for Four-Year Delay in Trial Resulting in Accused Languishing in Jail, Says ‘Please Do Not Make a Mockery of Justice’.
The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion. The top court dismissed the petition of one Mohd Abdul Samad, who has challenged the order of the Telangana High Court refusing to interfere with the maintenance order of the family court. No Doubt NEET-UG Was Compromised; Says Supreme Court as It Asks NTA About Candidates Benefited From Paper Leak.
He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
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