Section 125 CrPC Shall Be Equally Applicable To Every Divorced Women: Supreme Court

Published By: Risha Fatema

On 10 July 2024, a Bench of Justice BV Nagarathna and Augustine George Masih dismissed the plea of a man against the direction under section 125 CrPC to pay interim maintenance to his wife. And passed a judgment to entitle divorced Muslim women to file a petition for maintenance under section 125 CrPC. This remedy is in addition to the provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Justice Nagarathna stated “One cannot read Section 3 of the 1986 Act containing the non- obstante clause so as to restrict or diminish the right to maintenance of a divorced Muslim woman under Section 125 of the CrPC and neither is it a substitute for the latter. Such an interpretation would be regressive, anti-divorced Muslim woman and contrary to Articles 14 and 15(1) and (3) as well as Article 39(e) of the Constitution of India. Therefore,in spite of an option of seeking maintenance under the provisions of the 1986 Act, section 125 of CrPC is applicable to a divorced Muslim woman.”

“We are inclined to conclude that equivalent rights of maintenance ascertained under both, the secular provision of Section 125 of CrPC 1973, and the personal law provision of Section 3 of the 1986 Act, parallelly exist in their distinct domains and jurisprudence. Thereby, leading to their harmonious construction and continued existence of the right to seek maintenance for a divorced Muslim woman under the provisions of CrPC 1973 despite the enactment of the 1986 Act,” Justice Masih stated.

It is concluded from the judgment that section 125 of CrPC shall be applicable irrespective of religion and a divorced Muslim woman can file a petition for maintenance under both CrPC and personal law.

Case: Mohd. Abdul Samad vs The State of Telangana, 2024

Click Here To Download The Judgment