In a recent legal challenge brought before the Supreme Court of India, the question of whether a divorced Muslim woman is entitled to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC) has sparked renewed debate. The case, which revolves around the interpretation of existing laws and previous judicial rulings, underscores the complexities inherent in navigating the intersection of personal beliefs, cultural traditions, and legal rights.

Historically, the Supreme Court's landmark decision in the Mohamed Ahmed Khan vs Shah Bano Begum case in 1985 asserted that Section 125 of CrPC, considered a secular provision, is applicable to Muslim women as well. However, this decision led to widespread controversy, prompting the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, limiting maintenance rights for Muslim women to a 90-day period post-divorce.

The constitutional validity of the 1986 Act was challenged in the Daniel Latifi and others vs Union of India case in 2001, where the court upheld the special law, clarifying that a Muslim husband's obligation to maintain a divorced wife extends beyond the iddat period.

The legal rollercoaster continued with conflicting decisions. In Iqbal Bano v. State of U.P. (2007), the Supreme Court held that no Muslim woman could sustain a petition under Section 125 of CrPC. However, the Shabana Bano vs Imran Khan case two years later contradicted this stance, asserting that a divorced Muslim woman could claim maintenance under Section 125 of CrPC after the iddat period expires, until she remarries.

In Shamima Faruqui vs Shahid Khan (2015), the Supreme Court restored a family court's order, affirming that a divorced Muslim woman is entitled to pursue a Section 125 CrPC petition for maintenance.

The current case raises the same fundamental question: should divorced Muslim women seek maintenance under Section 125 of CrPC or the 1986 Act? The petitioner argues in favor of the latter, claiming it provides more beneficial relief for Muslim women.

As the Supreme Court appointed senior advocate Gaurav Aggarwal as amicus curiae to assist, the hearing is set on February 19, 2024.