News Excerpt:

In a landmark decision, the Supreme Court ruled that Muslim women are entitled to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC).This section applies to all women, regardless of their religion.

More About News

• The judges emphasized that Section 125 of the CrPC, which addresses a wife's legal right to maintenance, includes Muslim women. 
• The bench highlighted that maintenance is a right of married women, not a charity, and it applies to all married women irrespective of their religion.

Muslim Women (Protection of Rights on Marriage) Act, 2019

• This act criminalized the practice of triple talaq, which the Supreme Court declared void in 2017.
• In addition to the provisions under this act, which entitles women subjected to triple talaq to claim subsistence allowance from their husbands, Muslim women can also seek maintenance under Section 125 of the CrPC.

• The Supreme Court Judge stated, "When divorce is void and illegal, such a Muslim woman can also seek remedy under Section 125 of the CrPC."

Case Background

• The Supreme Court dismissed a petition filed by Mohd Abdul Samad, who challenged the Telangana High Court's decision to uphold a family court's maintenance order.
• Samad argued that a divorced Muslim woman is not entitled to maintenance under Section 125 of the CrPC and should instead seek relief under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Petitioner's Argument 

• In his appeal, Mohd. Abdul Samad argued that his wife should seek maintenance exclusively under the Muslim Women (Protection of Rights on Divorce) Act, 1986, rather than Section 125 of the CrPC.
• He claimed that the 1986 Act, being a special law, superseded the CrPC provision, rendering a divorced Muslim woman’s application for maintenance under Section 125 invalid.

Supreme Court Ruling

• The Supreme Court agreed that the secular statutory provision of Section 125 of the CrPC cannot be overridden by the personal law remedy provided by the 1986 Act.

Muslim Women (Protection of Rights on Divorce) Act, 1986

• The court highlighted that Section 3 of the 1986 Act requires a man to provide “reasonable and fair provision of maintenance” to his divorced Muslim wife only during the iddat period. After this period, his obligation under personal law ceases.
• In contrast, Section 125 mandates monthly maintenance for a divorced wife, regardless of her faith. Any divorced wife who has not remarried is entitled to maintenance by her ex-husband who has sufficient means but has neglected or refused to maintain her.

Maintenance for Children

• Additionally, the 1986 Act obliges a Muslim man to pay maintenance for his children for only two years from their birth dates, while Section 125 requires support until the children reach adulthood.

No Upper Limit of Maintenance 

• Section 125 does not set an upper limit for maintenance, making it a more beneficial provision compared to the 1986 law.

Fundamental Right

• The Supreme Court Judge pointed out that excluding Section 125 for divorced Muslim women would violate Article 15(1) of the Indian Constitution, which prohibits discrimination based on religion, race, caste, sex, or place of birth.
• The Supreme Court judge stated that Section 125 reflects the constitutional commitment to ensuring a dignified life for women of all faiths.

Harmonizing the Laws

• The Supreme Court observed that Section 125 and the 1986 Act are not in conflict. The 1986 Act does not negate a divorced Muslim woman’s right to seek maintenance under Section 125.
• It leaves the choice to the woman to apply for maintenance under either law. If a Muslim woman cannot support herself, she may seek maintenance under Section 125.
• If she can manage financially, she may seek maintenance under the 1986 Act until the iddat period expires. Courts must interpret both laws harmoniously and purposefully.
• The judgment noted that Parliament never barred divorced Muslim women from claiming maintenance under Section 125, forcing them to seek relief only under the 1986 Act. Therefore, a divorced Muslim woman approaching the Magistrate under Section 125 cannot be directed to seek relief solely under the 1986 Act.