"This is not charity, but a right…”: Supreme Court Upholds Maintenance Rights for Divorced Muslim Women

The Supreme Court on Wednesday upheld the right of a divorced Muslim woman to seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC). Justices BV Nagarathna and Augustine George Masih delivered the judgment while dismissing a petition by a Muslim man challenging a lower court's directive to pay ₹10,000 as interim maintenance to his ex-wife in Telangana.

"We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women," Justice Nagarathna pronounced, emphasizing the universal applicability of the law.

The court clarified that maintenance is a right, not a charity, highlighting the economic dependence of homemakers on their spouses. Justice Nagarathna underscored the societal need to acknowledge and respect the role of homemakers, stating, "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 case arose from a petition filed by Mohammad Abdul Samad, who contested a family court's order to provide a monthly allowance to his divorced wife. His legal team argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986 provided more comprehensive provisions for divorced Muslim women, which should supersede CrPC. However, the court reaffirmed CrPC's overarching application, ensuring equal rights for all women seeking maintenance. "This is not charity but a right of a married woman," Justice Nagarathna remarked, emphasizing the fundamental entitlement of women to seek financial support post-divorce.

This landmark judgment builds on earlier decisions such as the Shah Bano case, asserting the uniformity of Section 125 CrPC across religious lines. It solidifies the rights of divorced women to seek financial support until they can support themselves or remarry.​​