Supreme Court Ruling on Maintenance Rights for Muslim Women

In a landmark judgment, the Supreme Court ruled that Muslim women can seek maintenance under Section 125 of the CrPC. The judgment clarifies that this 'religion neutral' provision applies to all married women, overriding the Muslim Women (Protection of Rights on Divorce) Act, 1986. The case involved a petition by Mohammed Abdul Samad, challenging a High Court's maintenance order.

In a judgment of far-reaching implications, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the 'religion neutral' provision applies to all married women irrespective of their religion.

The ruling emphasized that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law. Justices B V Nagarathna and Augustine George Masih highlighted that maintenance is not charity, but a right for all married women. 'We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women...,' Justice Nagarathna stated while pronouncing the verdict.

The judgment came as a result of a petition by Mohammed Abdul Samad, challenging a Telangana High Court order upholding a family court's maintenance directive. The court noted the erstwhile CrPC Section 125, which covers a wife's right to maintenance, also applies to Muslim women. The bench dismissed Samad's contention that the 1986 Act should apply, affirming that Section 125 offers broader protection. This decision sets a precedent for maintenance cases involving women of different religions.

(With inputs from agencies.)