SC on Muslim Woman: Muslim women also have rights over their husbands...


Wife Maintenance Right: The Supreme Court today gave an important decision regarding the rights of Muslim women. This case was about alimony from the husband. The court clearly said that alimony is a right of women and it applies to all women. 


In an important decision, the Supreme Court has said that a divorced Muslim woman is entitled to demand alimony from her husband under Section 125 of the Criminal Procedure Code (CrPC). The apex court clarified that this section applies not only to married women but to all women, irrespective of their religion. 

A bench of Justice BV Nagarathna and Justice Augustine George Masih, while delivering a separate but concurrent verdict, said that Muslim women also come under the purview of Section 125 of the erstwhile CrPC. This section deals with the legal right of a wife to maintenance. 

Justice Nagarathna said, 'We are dismissing the criminal appeal with the main conclusion that Section 125 will apply to all women and not only married women.'

The bench said that maintenance is not a donation but a right of married women and all married women are entitled to it, irrespective of their religion. The apex court dismissed the petition of Mohammad Abdul Samad challenging the order of the Telangana High Court.

The High Court had rejected the plea to interfere with the family court's decision regarding alimony. Samad had argued that a divorced Muslim woman is not entitled to alimony under Section 125 of the CrPC and the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 must be applied.