The Supreme Court on Wednesday affirmed that Muslim women can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure. The court emphasised that this ‘secular and religion-neutral’ provision applies to all married women, regardless of their faith.
A bench consisting of Justices B V Nagarathna and Augustine George Masih ruled that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular law. ‘We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women,’ Justice Nagarathna stated as she pronounced the verdict.
The decision came in response to a petition filed by Mohammed Abdul Samad, who challenged a Telangana High Court order that upheld a family court’s maintenance order for his estranged wife. The apex court dismissed Samad’s petition, reiterating that maintenance is a right, not a charity, for all married women.
