Divorced Muslim Woman Can Seek Alimony From Husband, Rules Supreme Court

New Delhi: A Muslim woman can now seek alimony from her husband, the Supreme Court ruled on Wednesday, July 10, under Section 125 of the Code of Criminal Procedure (CrCP) by bench of Justice BV Nagarathna and Justice Augustine George Masih.

Meanwhile, Justice Nagarathna and Justice Masih delivered separate but concurrent judgments.

"We are hereby dismissing the criminal appeal with the major conclusion that section 125 would be applicable to all women and not just married women," Justice Nagarathna said while pronouncing the verdict.

However, the bench of Justices clarified that the law for seeking maintenance applies to married women, irrespective of their religion.

The bench added that maintenance is not charity but the right of married women and applies to all married women irrespective of their religion.

The apex court dismissed the petition of one Mohd Abdul Samad, who challenged the order of the Telangana High Court refusing to interfere with the maintenance order of the family court.

Samad contended that a divorced Muslim woman is not entitled to maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

(Inputs from PTI)