Supreme Court On Muslim Women Alimony: The Supreme Court has given an important decision regarding Muslim women. While hearing a case, the Supreme Court said that Muslim women can also demand alimony from their husbands. The court said that under Section 125 of CrPC, a Muslim divorced woman can demand alimony from her husband.
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In fact, the Telangana High Court had ordered Mohammad Abdul Samad to pay alimony of Rs 10,000 every month to his divorced wife. He had approached the Supreme Court against this. While hearing the case today (July 10), the Supreme Court gave this big decision.
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While delivering the verdict, Justice BV Nagarathna and Justice Augustine George Masih said that Muslim women can exercise their legal right to maintenance. They can file a petition under Section 125 of the Code of Criminal Procedure. The Supreme Court said that this section applies to all married women, irrespective of their religion. Muslim women can also resort to this provision. The court has once again said that a Muslim woman can file a petition for maintenance against her husband under Section 125 CrPC.
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The court held that the ‘Muslim Women (Protection of Rights on Divorce) Act 1986’ cannot prevail over secular law. Justice Nagarathna and Justice Masih gave separate but concurring judgments. The High Court had ordered to pay alimony of Rs 10,000 to Mohammad Samad.
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What is the matter?
A Muslim man named Abdul Samad had challenged the Telangana High Court’s order to pay alimony to his wife in the Supreme Court. In the Supreme Court, the man had argued that a divorced Muslim woman is not entitled to file a petition under Section 125 of the CrPC. The woman will have to follow the provisions of the Muslim Women Act, 1986. In such a situation, the question before the court was whether the Muslim Women Act, 1986 should be given priority in this case or Section 125 of the CrPC.
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What is section 125 of CrPC
Section 125 of the CRPC gives detailed information about the maintenance of wife, children and parents. According to this section, the wife, parents or children dependent on the husband, father or children can claim maintenance allowance only if they have no other means of livelihood.
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