Divorced Muslim women can claim maintenance following a new ruling by India's Supreme Court

NEW DELHI (Diya TV) — The Supreme Court of India has declared that divorced Muslim women are entitled to claim maintenance from their ex-husband under Section 125 of the Criminal Procedure Code. This important judgment came when a bench of Justices BV Nagarathna and Augustine George Masih dismissed the petition of a Muslim man who challenged the maintenance payments to his divorced wife.

Justice Nagarathna stressed: “We dismiss the appeal with the conclusion that Section 125 applies to all women, not just married ones.” Both Justice Nagarathna and Justice Masih delivered separate but simultaneous judgments and reiterated that the Maintenance Act applies to all married women, regardless of their religion.

Section 125 of the CrPC generally provides that persons of sufficient means cannot deny maintenance to their wives, children or parents. The court emphasised that maintenance is a fundamental right of married women which transcends religious boundaries and reinforces gender equality and financial security.

Justice Nagarathna further said, “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.”

Rekha Sharma, Chairperson of the National Commission for Women, welcomed the verdict. She noted, “This decision is a significant step towards gender equality and justice for all women” and underlined the importance of the verdict in promoting women's rights.

The ruling came on a petition filed by Mohd Abdul Samad, who had been ordered by a family court to pay a monthly maintenance payment of Rs 20,000 (about US$250) to his divorced wife. Samad challenged the order in the Telangana High Court, which upheld the maintenance order but reduced the amount to Rs 10,000 (about US$125). Unhappy with this, Samad took his case to the Supreme Court.

Samad's counsel argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986 should prevail over Section 125 CrPC. He claimed that this Act provides more comprehensive provisions for divorced Muslim women. Amicus Curiae Gaurav Agarwal, however, dissented, stating that the personal status law does not override a woman's entitlement to relief under the gender-neutral CrPC.

To understand the significance of this judgment, one must revisit the Shah Bano case of 1985. The Supreme Court then ruled that Section 125 CrPC applies to everyone, irrespective of religion. However, it was later specified in the Muslim Women (Protection of Rights on Divorce) Act, 1986 that Muslim women can claim maintenance only during the Iddat period (90 days after divorce). In 2001, the Supreme Court upheld the constitutionality of the 1986 Act, but ruled that a man's maintenance obligation applies until his ex-wife remarries or becomes self-sufficient.

The current judgment consolidates the right of a divorced woman to claim maintenance under CrPC, irrespective of her religion.