Chicago – July 11, 2024
The Supreme Court ruled on Wednesday that a divorced Muslim woman has the right to seek financial support from her husband under Section 125 of the Criminal Procedure Code (CrPC). The court emphasized that any discrimination against Muslim women regarding alimony under India’s secular laws would be backward and unfair.
Justices BV Nagarathna and AG Masih firmly rejected the argument that Section 125 of the CrPC does not apply due to Muslim personal laws, asserting that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override secular law.
The court clarified that the rights provided to Muslim women by the 1986 Act for maintenance during the ‘iddat’ period are supplementary to those under Section 125 of the CrPC. The new Bharatiya Nagarik Suraksha Sanhita, which replaced the CrPC and took effect on July 1, maintains provisions related to alimony under Section 144.
