Supreme Court: Muslim women entitled to seek maintenance from husbands after divorce
- In Reports
- 11:35 PM, Jul 10, 2024
- Myind Staff
In a landmark ruling, the Supreme Court today declared that divorced Muslim women can seek alimony from their former husbands under Section 125 of the Code of Criminal Procedure (CrPC), which deals with maintenance for wives. The verdict was delivered by a bench comprising Justice BV Nagarathna and Justice Augustine George Masih, who dismissed a Muslim man's petition against a directive to pay maintenance to his divorced wife.
"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," stated Justice Nagarathna. Both justices delivered separate but concurrent judgments, reinforcing the decision.
The bench emphasised that the maintenance law applies to all married women, irrespective of their religious affiliation. Section 125 mandates that a person with sufficient means cannot refuse maintenance to their wife, children, or parents.
The court underscored that maintenance is a fundamental right of married women, not a matter of charity. "This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women," the bench added.
The judgment also highlighted the often-overlooked contributions of housewives. "Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. Time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family," the court noted.
Rekha Sharma, chairperson of the National Commission for Women (NCW), praised the ruling. "NCW Chairperson, Ms. Rekha Sharma, wholeheartedly welcomes the Supreme Court's landmark ruling affirming the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards gender equality and justice for all women," the panel stated in a post on X.
The Supreme Court's decision marks a significant advancement in the pursuit of gender equality and justice, ensuring financial security for divorced Muslim women across the country.
Image source: AP
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