Muslim Women Can Seek Maintenance Under Section 125 CrPC

 In a landmark decision, on July 10, 2024 the Supreme Court of India has upheld that Muslim women are entitled to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). The Bench, comprising Justices BV Nagarathna and Augustine George Masih, dismissed a petition challenging an interim maintenance order issued to a divorced Muslim woman under the said provision.

Key Judgments and Observations:

1. Section 125 CrPC Applicability: 

   - The Court clarified that Section 125 CrPC is applicable to all women, irrespective of their religion, ensuring a secular remedy for maintenance.

   - Justice Nagarathna emphasized, “Section 125 CrPC would be applicable to all women and not just married women.”

2. Coexistence with Muslim Women (Protection of Rights on Divorce) Act, 1986:

   - The Supreme Court ruled that the provisions of the 1986 Act do not supersede the secular law under Section 125 CrPC.

   - Justice Masih remarked, “This Act does not bar...it is the choice of the person who had applied or moved an application under 125...there is no statutory provision provided under the Act of 1986 which says that 125 is not maintainable.”

3. Transitory Provisions and Additional Remedies:

   - The Bench noted that if a Muslim woman is divorced during the pendency of a petition under Section 125 CrPC, she can also seek remedies under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

   - Justice Nagarathna highlighted that the 2019 Act serves as an additional remedy rather than a replacement for the relief available under Section 125 CrPC.

4. Clarifications on the Iddat Period and Maintenance Payments:

   - During the hearing, it was revealed that the petitioner had not made any payments to the respondent-wife during the iddat period, except for an unclaimed draft of Rs. 15,000.

   - The Court indicated that if maintenance had been provided during the iddat period, Section 127(3)(b) CrPC might have been relevant.

5. Interpretation of Section 7 of the 1986 Act:

   - Addressing the petitioner’s argument regarding Section 7 of the 1986 Act, Justice Nagarathna stated that the provision pertains only to pending cases and is transitory.

   - The Bench referred to a Kerala High Court judgment, which concluded that Section 7 does not nullify the right of divorced Muslim women to seek maintenance under Section 125 CrPC.

6. Unconstitutionality of Exclusive Provisions:

   - The Court emphasized that the interpretation suggesting that Muslim women are barred from seeking maintenance under Section 125 CrPC would be unconstitutional.

   - Justice Nagarathna pointed out, “If the Parliament had the intention to extinguish such rights of the Muslim woman, it would only be reasonable to expect the Parliament to speak in definite and specific language about such extinguishment.”

The Supreme Court's ruling ensures that divorced Muslim women retain the right to seek maintenance under Section 125 CrPC, providing them with a crucial legal avenue for financial support. This decision underscores the secular nature of the Indian legal system and affirms the protection of women's rights across different communities.