New Delhi: In one of the major decisions, the Supreme Court declared that Section 125 of the Criminal Procedure Code applies to all married women irrespective of their religion. This means Muslim women also have the right to seek maintenance from their husbands after divorce under this provision.The decision was marked by a bench headed by Justices BV Nagarathna and Augustine George Masih, who gave separate but concurring judgments. The case began when a Muslim man contested a Telangana High Court order requiring him to pay Rs 10,000 as interim maintenance to his ex-wife. His lawyer argued that the Muslim Women (Protection of Rights on Divorce) Act of 1986 prevents a divorced Muslim woman from claiming benefits under Section 125 CrPC. However, the Supreme Court disagreed with this argument, affirming the right of Muslim women to seek maintenance under the general law.Supreme Court rules that Section 125 CrPC, which deals with wifes legal right to maintenance, is applicable to all women and a divorced Muslim female can file a petition under this provision for maintenance from her husband. pic.twitter.com/5pFpbagjkD— ANI (@ANI) July 10, 2024Maintenance as Fundamental Right for All Women: SCIn its judgment, the Supreme Court emphasized that the right to maintenance is not a matter of charity but a fundamental right of all married women. The court stressed that this right applies universally, across all religions, supporting gender equality and ensuring financial security for women.Justice Nagarathna delivered the verdict, stating, We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women. The Supreme Court underlines the importance of acknowledging the major role and sacrifices of homemakers, calling for husbands to provide financial support. Practical suggestions included maintaining joint bank accounts and sharing ATM access to promote economic stability for women within families.This decision marks a significant step towards ensuring legal protection and economic empowerment for all women in India, regardless of their religious background. It reinforces the principle of equality and highlights the responsibilities of husbands towards their wives financial well-being.
