New Delhi- In a judgment of far-reaching implications, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the “religion neutral” provision is applicable to all married women irrespective of their religion.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said while stressing that maintenance is not charity but the right of all married women.
“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women…,” Justice Nagarathna said while pronouncing the verdict.
“The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion neutral provision of Section 125 of CrPC,” the bench said.
The two judges gave separate but concurring verdicts.
The erstwhile Code of Criminal Procedure’s Section 125, which deals with a wife’s legal right to maintenance, covers Muslim women, the bench said.
The apex court dismissed the petition of a Mohammed Abdul Samad, who has challenged a Telangana High Court order refusing to interfere with the maintenance order of the family court.
He contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the 1986 Act.
The bench had reserved its verdict on February 19 after hearing senior advocate Wasim Qadri for the petitioner. It had appointed advocate Gaurav Agarwal as amicus curiae in the matter to assist the court.
Qadri had submitted that the 1986 Act is more beneficial to Muslim woman as compared to Section 125 of the CrPC.
On December 13, 2023, the high court did not set aside the direction of the family court for payment of interim maintenance by Samad to his estranged wife but reduced the amount from Rs 20,000 to Rs 10,000 per month, to be paid from the date of petition.
Samad contended before the high court that they got divorced in accordance with personal laws in 2017 and there was a divorce certificate to that effect, but it was not considered by the Family Court, which ordered for payment of interim maintenance.
Aggrieved by the high court’s order, Samad approached the top court.
‘Joint Accounts, ATM Access’
The time has come for Indian men to recognise the indispensable role played by homemakers and the sacrifices they make for the family, the Supreme Court said today.
The observation came as a bench of Justice BV Nagarathna and Justice Augustine George Masih ruled that a divorced Muslim woman can seek alimony from her husband under Section 125 of the Code of Criminal Procedure. The bench held that the law for seeking maintenance applies to all married women, irrespective of their religion.
Underlining the key role of homemakers in the family, the court said it is necessary for husbands to provide financial support to their wives. Justice Nagarathna observed in her judgment that an Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs, “in other words, giving access to his financial resources”.
“Such financial empowerment would place such a vulnerable wife in a more secure position in the family. Those Indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal expenses, apart from household expenditure, possibly by having a joint bank account or via an ATM card, must be acknowledged,” she said in the order.
She added that the direction to provide maintenance seeks to alleviate the “financial stress and vulnerability of the impecunious woman who is dependent on her husband economically”. “It is indeed a constitutional imperative to redress the vulnerability of a married woman which includes a divorced woman who does not have an independent source of income under Section 125 of the CrPC. It is commonplace that married women sacrifice employment opportunities to nurture the family, pursue child rearing, and undertake care work for the elderly.”
The Supreme Court’s order stating that a Muslim woman is entitled to maintenance from her husband after divorce under Section 125 of the Code of Criminal Procedure underlined that maintenance is not charity but a fundamental right of married women.
“This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women,” it said.
Section 125 broadly says a person with sufficient means cannot deny maintenance to their wife, children or parents.
The judgment has come on a petition by Mohd Abdul Samad, who was directed by a family court to pay a monthly allowance of ₹ 20,000 to his divorced wife. Mr Samad had challenged the direction in Telangana High Court, which modified the amount to ₹ 10,000. He then moved the Supreme Court. His counsel argued that divorced Muslim women can seek recourse to the Muslim Women (Protection of Rights on Divorce) Act, 1986 Act and stressed that it provides much more than what Section 125 CrPC does. He also argued that a special law — referring to the Act — shall prevail over a general law.
Amicus Curiae Gaurav Agarwal countered that the personal law does not take away a woman’s entitlement to relief under the gender-neutral CrPC.
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