The Supreme Court of India recently ruled that Section 125 of the CrPC applies equally to all married and divorced women, including Muslim women. This decision offers much-needed relief to many deprived Muslim women.
In the Mohd. Abdul Samad case, the Supreme Court affirmed that Muslim women can seek maintenance from estranged husbands under Section 125 of the CrPC. The two-judge bench clarified that this religion-neutral law covers all married and divorced women, including Muslims.
Effective from July 1, 2024, Section 125 of the CrPC has been replaced by Section 144 of The Bhartiya Nagarik Suraksha Sanhita 2023. Section 144(1) states that a married or divorced woman who has not remarried can apply to a Magistrate for maintenance. If she is unable to support herself or her children, she is entitled to receive maintenance from her ex-husband.
The court may deny maintenance if the wife lives in adultery. It may also be stopped if she refuses to live with her husband without valid reason, or if they are separated by mutual consent. [Section 144(4)].
This section does not make exceptions for religion. It protects all married and divorced women.
In conclusion, the Indian government is taking steps to address years of injustice faced by women. Women must know their rights to avoid exploitation and prevent silent suffering.
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[…] Moreover, Section 125 CrPC is a religion-neutral provision, ensuring maintenance for all women, including Muslim women. For details, read our blog on maintenance rights for Muslim women under Section 125 CrPC. […]