Supreme Court Grants Muslim Woman Maintenance Post-Divorce

The Supreme Court today said that a Muslim woman is entitled to maintenance from her husband under Section 125 of the Code of Criminal Procedure.

The bench comprising Justices BV Nagarathna and Augustine George Masih dismissed a petition in the case, in which the man filed a plea against the direction to pay interim maintenance to his divorced wife under Section 125 CrPC.

The bench also ruled that if, during the pendency of the application, the woman gets divorced, then she can take recourse to the (Protection of Rights on Marriage) 2019 Act.

The bench said that the Muslim Women (Protection of Rights on Divorce) Act 1986 would not prevail over the secular law. The bench stated that the remedy under the 2019 Act is in addition to the remedy under Section 125 CrPC.

The top court clarified that the law for seeking maintenance would be valid for all women and not just married women.