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Official announcements and legislative records
Supreme Court Rules Muslim Women Entitled to Maintenance and Alimony Under Section 125 CrPC
Jul 10, 2024, 05:56 AM
The Supreme Court of India has ruled that Section 125 of the Code of Criminal Procedure (CrPC), which deals with a wife's legal right to maintenance, is applicable to all women, including divorced Muslim women. The ruling was made in response to a case brought by a Muslim man challenging a direction to pay maintenance to his divorced wife under this provision. The bench, including Justice BV Nagarathna, held that the provisions of the Muslim Women (Protection of Rights on Divorce) Act 1986 do not override the secular law. This decision reaffirms the rights of Muslim women to claim maintenance and alimony from their former husbands under Section 125 CrPC. The ruling also references the Shah Bano case, which led to the passing of the 1986 Act.
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