Update: 2024-07-11 06:30 IST
New Delhi: The Supreme Court on Wednesday delivered a major judgment confirming that a divorced Muslim woman can claim maintenance from her ex-husband under Section 125 of the Code of Criminal Procedure (CrPC). A bench comprising Justices BV Nagarathna and Augustine George Masih delivered separate but concurrent judgments, strengthening the rights of Muslim women. The case arose on a petition filed by a Muslim man challenging a Telangana High Court order requiring him to pay Rs 10,000 as interim maintenance to his ex-wife.
“We hereby dismiss the appeal in the criminal case with the main conclusion that Section 125 is applicable to all women and not just married women,” Justice Nagarathna said. The court clarified that the law on claiming maintenance applies to all married women, irrespective of their religion. Section 125 generally states that a person with sufficient means cannot deny maintenance to his wife, children or parents. Maintenance is not a matter of charity but a fundamental right of married women, the court said. “This right transcends religious boundaries and reinforces the principle of gender equality and financial security for all married women,” it added.
“Some husbands do not realise that their wife, who is a housewife, is dependent on them emotionally and in other ways. It is time for Indian men to recognise the indispensable role and sacrifices that housewives make for the family.”
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