The Supreme Court ruled that a divorced Muslim woman is entitled to maintenance from her former husband
The Supreme Court has ruled that a divorced Muslim woman is entitled to maintenance from her ex-husband. This important judgment was delivered by a bench comprising Justices BV Nagarathna and Augustine George Masih. The court dismissed the plea of a Muslim man who challenged the order requiring him to pay maintenance to his ex-wife under Section 125 of the Criminal Procedure Code. This judgment strengthens the financial rights of divorced Muslim women in India.
“We hereby dismiss the appeal in the criminal case with the main conclusion that Section 125 is applicable to all women and not only to married women,” Justice Nagarathna said.
The court clarified that the law providing for the recovery of maintenance is applicable to all married women, irrespective of the religion they follow. Justice Nagarathna and Justice Masih both delivered concurrent judgments, although they were heard separately.
The court reiterated that maintenance is the right of married women and not that of charity. Justice Nagarathna said emphatically, “Some husbands are unaware of the fact that their wife, who is a housewife, is dependent on them emotionally and in other ways. It is time that the Indian man recognised the role and sacrifice of a housewife.”
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