Landmark Supreme Court Ruling: Divorced Muslim Women Can Claim Maintenance Under Religion-Neutral Section 125 CrPC

Jul 10, 2024, 06:38 AM

The Supreme Court of India has ruled that divorced Muslim women are entitled to seek maintenance from their former husbands under Section 125 of the Code of Criminal Procedure (CrPC). This landmark judgment clarifies that the provision, which deals with a wife's legal right to maintenance, is applicable to all women, irrespective of religion. The ruling came in response to a petition challenging a directive for a Muslim man to pay maintenance to his divorced wife. The bench, including Justice BV Nagarathna, emphasized that the Muslim Women (Protection of Rights on Divorce) Act 1986 does not override the religion-neutral law provided by Section 125 CrPC. This decision extends the rights of Muslim women to claim alimony, aligning with the principles of gender equality and legal neutrality.