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Today, the Supreme Court has given a big decision in favor of divorced Muslim women. The court has said that such women can demand maintenance from their husbands under Section 125 of the CrPC. They are entitled to alimony. The country’s highest court said in clear words that only secular law will prevail in the country.
While giving the verdict, the bench of Justice BV Nagarathna and Justice Augustine Gorge Masih said that Muslim women can exercise their legal right for alimony. They can file a petition under Section 125 of the CrPC. The Supreme Court also said that this section applies to all married women, irrespective of their religion.
Let us tell you that a Muslim man named Abdul Samad had challenged the Telangana High Court’s order to pay alimony to his wife in the Supreme Court. He had argued that a divorced Muslim woman is not entitled to file a petition under Section 125 of the CrPC. The woman will have to follow the provisions of the Muslim Women Act, 1986. But the court gave priority to Section 125 of the CrPC in such cases.
While dismissing the petition, the bench made it clear that if a Muslim woman gets divorced while the petition under section 125 of CrPC is pending, then she can resort to the Muslim Women (Protection of Marriage Rights) Act 2019. The bench said that the remedy taken under this Act is in addition to the remedy under section 125 of CrPC.
Earlier, the Supreme Court had given a historic verdict in the Shah Bano case, saying that Section 125 of the CrPC is a secular provision that applies to Muslim women as well. However, it was repealed by the Muslim Women Act, 1986 and the validity of the law was upheld in 2001.
