In a landmark decision today, the Supreme Court of India affirmed that divorced Muslim women have the right to seek alimony under Section 125 of the Code of Criminal Procedure (CrPC). The ruling, delivered by Justices BV Nagarathna and Augustine George Masih, marks a significant shift in legal interpretation regarding maintenance rights for married women across religions.
The Supreme Court dismissed a petition filed by Mohd Abdul Samad, who contested a family court’s order to pay maintenance to his divorced wife. The bench, comprising Justices Nagarathna and Masih, emphasized that Section 125 of the CrPC applies universally to all married women, irrespective of their religious affiliation. This decision reinforces that maintenance is not a charitable provision but a fundamental right for married women who are dependent on their spouses. The case drew arguments regarding the applicability of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limits maintenance to the iddat period (90 days after divorce) for Muslim women. Counsel for Mr. Samad contended that this special law should prevail over the gender-neutral provisions of CrPC. In contrast, Amicus Curiae Gaurav Agarwal argued that personal laws do not supersede the general provisions of CrPC, ensuring equal entitlement to relief for women of all faiths. This ruling holds profound significance in the context of gender equality and women’s rights in India. It builds upon the Supreme Court’s historic Shah Bano case of 1985, where it affirmed the application of Section 125 CrPC to all women, despite subsequent legislative amendments under the 1986 Act. By upholding the application of CrPC for divorced Muslim women seeking maintenance beyond the iddat period, the Supreme Court reaffirms its commitment to equitable justice and reinforces women’s entitlement to financial support post-divorce.
Today’s Supreme Court ruling represents a crucial step forward in ensuring gender-neutral application of laws pertaining to maintenance and alimony in India. By dismissing the appeal and affirming the rights of divorced Muslim women under Section 125 CrPC, the judiciary reaffirms its role in upholding fundamental rights and gender justice. This decision not only addresses legal ambiguities but also sets a precedent for future cases, promoting inclusivity and equality under the law for all women, regardless of their religious background.
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