Supreme Court Upholds Maintenance Rights for All Married Women, Including Muslims

The Supreme Court ruled that Section 125 CrPC applies to all married women, including Muslim women, allowing them to claim maintenance from their husbands. The court emphasized the importance of financial support for homemakers, recognizing their significant role in family welfare and stability.

On Wednesday, the Supreme Court affirmed that Section 125 of the Criminal Procedure Code (CrPC) is applicable to all married women, inclusive of Muslim married women, enabling them to claim maintenance from their husbands. The apex court also stressed that Indian men must acknowledge the vital role homemakers play as the backbone of Indian families, urging financial support through joint accounts and ATMs.

A bench comprising Justices BV Nagarathna and Augustine George Masih ruled that Section 125 CrPC, which pertains to a wife's right to maintenance, extends to all women, including divorced Muslim women. The court highlighted that Muslim women married under special or Muslim law have the option to seek remedies under both CrPC and the 1986 Act, articulating that the 1986 Act complements rather than derogates Section 125 CrPC.

The top court's decision came in response to an appeal challenging a Telangana High Court order that revised interim maintenance amounts. Senior Advocate S Wasim A Qadri represented the husband, contesting the applicability of Section 125 CrPC in view of specific provisions under Muslim Women (Protection of Rights on Divorce) Act 1986. Senior Advocate Gaurav Agrawal, arguing as amicus curiae, reinforced that a divorced Muslim woman's right to maintenance under Section 125 CrPC remains intact regardless of personal law provisions.

(With inputs from agencies.)