SC Upholds Alimony Rights for Divorced Muslim Women Under Section 125 CrPC

SC Upholds Alimony Rights for Divorced Muslim Women Under Section 125 CrPC

The Supreme Court has ruled that a divorced Muslim woman is entitled to seek alimony from her husband under Section 125 of the Code of Criminal Procedure.

This significant judgment was delivered by a bench comprising Justice BV Nagarathna and Justice Augustine George Masih, who dismissed a Muslim man's petition challenging the directive to pay maintenance to his divorced wife under CrPC.

"We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women and not just married women," Justice Nagarathna said. Justice Nagarathna and Justice Masih delivered separate, but concurrent, judgments.

The bench clarified that the law for seeking maintenance under Section 125 of the Code of Criminal Procedure applies to all married women, regardless of their religion. Justice Nagarathna said, "Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. The time has come when the Indian man must recognise a homemaker's role and sacrifice."
 
Maintenance, the court said, is not charity, but the right of married women.
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