Supreme Court Upholds Maintenance Rights for All Married Women

The Supreme Court ruled that Muslim women can seek maintenance from their husbands under Section 125 of the CrPC, which applies to all married women regardless of religion. This verdict dismissed an appeal challenging the applicability of the section to divorced Muslim women.

The Supreme Court on Wednesday ruled that Muslim women can seek maintenance from their husbands under section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion.

A bench of Justices BV Nagarathna and Augustine George Masih, who delivered separate but concurrent verdicts, stated that section 125 of the CrPC covers Muslim women. Justice Nagarathna declared, 'We are dismissing the criminal appeal with the major conclusion that section 125 applies to all women, not just married women.'

The court emphasized that maintenance is a right, not charity, and applies to all married women, regardless of their religion. The top court dismissed the petition of Mohd Abdul Samad, who argued against the Telangana High Court's refusal to interfere with a family court's maintenance order. Samad contended that a divorced Muslim woman must seek maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986, rather than Section 125 of the CrPC.