Supreme Court Ruling: Maintenance Rights for Muslim Women Under CrPC

The Supreme Court has ruled that Muslim women can seek maintenance under Section 125 of the CrPC, stating that this 'religion neutral' provision applies to all married women. This encompasses both married and divorced women, offering parallel legal remedies under the 1986 Act and CrPC.

The Supreme Court on Wednesday issued a landmark judgment allowing Muslim women to seek maintenance from their husbands under Section 125 of the CrPC. This ruling asserts the 'religion neutral' nature of the provision, affirming that it applies to all married women regardless of their religious background.

A bench comprising justices BV Nagarathna and Augustine George Masih expressed in a concurring verdict that Section 125 of the CrPC covers all married women, including Muslims. This extends to divorced Muslim women, allowing them to claim maintenance under both the Special Marriage Act and the 1986 Muslim Women (Protection of Rights on Divorce) Act.

The bench also stated that Muslim divorced women could choose remedies under either or both laws, as the 1986 Act complements rather than negates Section 125 of the CrPC. This judgment follows Mohd Abdul Samad's appeal challenging a Telangana High Court order to pay maintenance to his estranged wife.

(With inputs from agencies.)