Landmark ruling declares Section 125 of CrPC applicable to all married women, regardless of religion
The two judges gave separate but concurring verdicts. File pic
In a judgment of far-reaching implications, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the “religion neutral” provision is applicable to all married women irrespective of their religion. The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said while stressing that maintenance is not charity but the right of all married women.
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“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women...,” Justice Nagarathna said while pronouncing the verdict. “The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion-neutral provision of Section 125 of CrPC,” the bench said. The two judges gave separate but concurring verdicts.
The erstwhile Code of Criminal Procedure’s Section 125, which deals with a wife’s legal right to maintenance, covers Muslim women, the bench said. The apex court dismissed the petition of a Mohammed Abdul Samad, who has challenged a Telangana High Court order refusing to interfere with the maintenance order of the family court.
NCW chief Rekha welcomes SC ruling
NCW chief Rekha Sharma welcomed the Supreme Court’s landmark ruling that affirms the right of Muslim women to seek maintenance, saying the decision is a significant step towards ensuring gender equality and justice for all women, regardless of their religion. The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all married women irrespective of religion. Sharma welcomed the verdict. “I wholeheartedly welcome the landmark ruling that affirms the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards ensuring gender equality and justice for all women, regardless of their religion,” she said.
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