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Supreme Court allows Muslim women to claim maintenance under section 125 of CrPC



Supreme Court rules Muslim women can seek maintenance under section 125 of CrPC

The Supreme Court has made a significant ruling allowing Muslim women to seek maintenance from their husbands under section 125 of the Code of Criminal Procedure (CrPC). This decision applies to all married women, regardless of religion.

In a verdict delivered by Justices BV Nagarathna and Augustine George Masih, it was stated that section 125 of the CrPC, which addresses a wife’s right to maintenance, also covers Muslim women. The bench emphasized that maintenance is a right, not a form of charity, and should be available to all married women, irrespective of their religious background.

The ruling came as the court dismissed the petition of Mohd Abdul Samad, who contested the Telangana High Court’s decision not to interfere with a maintenance order from the family court. Samad argued that divorced Muslim women are not entitled to maintenance under Section 125 of the CrPC and should rely on the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Supreme Court’s decision sets a precedent for ensuring that Muslim women have access to legal provisions for maintenance in cases of divorce. This ruling underscores the principle of equality and non-discrimination when it comes to women’s rights, regardless of their religious affiliation.

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