The Supreme Court of India delivered a significant ruling on Wednesday, stating that a Muslim woman has the right to seek maintenance from her husband under section 125 of the Code of Criminal Procedure (CrPC).
This verdict, which was given by a bench of Justices BV Nagarathna and Augustine George Masih, makes it clear that section 125, which pertains to a wife’s legal right to maintenance, is applicable to all women regardless of their religion. The court emphasized that maintenance is not a form of charity but a fundamental right of married women, and it cannot be denied to them based on their religious beliefs.
The apex court dismissed the appeal of Mohd Abdul Samad, who had challenged the Telangana High Court’s decision not to interfere with the maintenance order issued by the family court. Samad argued that divorced Muslim women are not entitled to maintenance under Section 125 of CrPC and must instead seek recourse under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
With this ruling, the Supreme Court has reiterated its commitment to gender equality and emphasized that all women have the right to seek financial support from their husbands in case of need.