The Supreme Court Upholds Right to Maintenance for Muslim Women in a landmark judgement

Legal News by - ZEBA KHAN (This News was written by her during her Internship)

In a recent landmark judgment, the Supreme court of India rejected a petition which challenged the applicability of Section 125 of CrPC for a Divorced Muslim Women. The Supreme court affirmed the right of Muslim women to seek maintenance from her husband, which ensures financial security and dignity of women irrespective of their religion. By this ruling it implicates the enforcement of women rights under Muslim laws.

In the case of Mohd Abdul Samad vs. State of Telangana & others, was brought before the Supreme court after the lower court denied the maintenance to a Muslim Women under Section 125 of CrPC due to religious issues. The Muslim women asked maintenance under section 125 CrPC which provides maintenance for children, wives, parents.

The learned council argued about the provisions of Sec 125 of CrPC and claimed that this provision is not applicable for Muslim women as it doesn’t come in the enactment of the Muslim Women (Protection of Rights on Divorce) Act of 1986. If in any which ways a Divorced Muslim Women seeks to claim maintenance under the Sec 125 CrPC still it won’t be applicable, rather the Muslim women have to file application under sec 5 of the 1986 act.

In the Judgment given by the Bench of Justice BV Nagarathna & Justice Augustine George Masih, which dismissed the appeal of the Appellant Husband, which was ruled that irrespective of any religion Sec 125 CrPC is applicable to all the married women including the married Muslim women. The Muslim women has an option to seek maintenance from Section 125CrPC as well as from the provisions of the Act of 1986 if the Muslim women are married and divorced under the Muslim laws. The Muslim women can seek maintenance from both the provisions. Section 125CrPC when added with the provisions of 1986 Act then any order passed under the provisions of the 1986 Act shall be taken into consideration under the sections of the CrPC. Under any case of illegal divorce as stated under the provision of 2019 Act, the relief can be availed under section 5 of the 2019 Act for seeking subsistence allowance or under provisions of 125 CrPC can also be availed to the Muslim women. If for any reason the petition filed under Section 125CrPC is pending, and the Muslim women is Divorced then the women can take recourse under Section 125CrPC or by filing a petition under 2019 Act.

According to me, by this landmark judgment given by the Supreme Court of India this case maintains the significance of both the personal laws and constitutional provisions. By allowing Muslim woman to seek remedies under Section 125 CrPC the court defines equality before law and helps to promote financial stability and dignity to divorced Muslim woman.

The Act of 1986 provides a limited remedies to a Muslim Women the provisions of CrPC and 2019 Act can help seek more reliefs for maintenance by their husbands.

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