Muslim Women Can Claim Alimony from Husband After Divorce,

Indian Muslim Women Can Claim Alimony from Husband After Divorce, Rules Supreme Court

Tariq Bhat

The Supreme Court of India has ruled that divorced Muslim women can claim alimony from their husbands under Section 125 of the Criminal Procedure Code (CrPC). This ruling reinforces that Section 125 CrPC, which provides for the maintenance of wives, children, and parents, is applicable to all women, regardless of their religion.

The verdict came in the case of Mohd Abdul Samad, who had challenged a Telangana High Court order upholding a family court’s directive for him to pay interim maintenance of Rs 10,000 per month to his divorced wife. Samad argued that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, his ex-wife was not entitled to maintenance under Section 125 CrPC. However, the Supreme Court dismissed this appeal, emphasizing that maintenance is a right and not charity, and applies to all married women irrespective of religion.

Justice Nagarathna, delivering the judgment, highlighted that Section 125 CrPC would apply even if a Muslim woman is divorced. She can also seek remedies under the Muslim Women (Protection of Rights on Marriage) Act, 2019, alongside Section 125 CrPC. This ruling aligns with the landmark Shah Bano case, where the Supreme Court had previously held that Section 125 CrPC is a secular provision applicable to Muslim women, although this was subsequently challenged by the Muslim Women (Protection of Rights on Divorce) Act, 1986.