Muslim Women Will Be Able to Ask for Alimony: Supreme Court India Today, the Supreme Court has given a big verdict in favor of divorced Muslim women. The court said that such women can demand maintenance from their husbands under Section 125 of the CrPC. They are entitled to alimony. The country’s highest court has clearly stated that only secular law will prevail in the country.
Supreme Court’s Verdict.
While giving the verdict, the bench of Justice B.V. Nagaratna and Justice Augustin Gals Masih said that Muslim women can exercise their legal right for alimony. They can file a petition under Section 125 of the CrPC. The Supreme Court also said that this section applies to all married women, irrespective of their religion.
Case Background.
A Muslim man named Abdul Shabd had appealed the order of the Telangana High Court to give alimony to his wife in the Supreme Court. He had argued that divorced Muslim women are not entitled to file a petition under Section 125 of the CrPC. The woman would have to follow the provisions of the Muslim Women Act 1986. However, the court has given priority to Section 125 of the CrPC in such cases.
Legal Implications.
The bench, while rejecting Abdul Shabd’s plea, clarified that if a Muslim woman gets divorced while the petition under Section 125 of the CrPC is pending, then she can take recourse to the Muslim Women Act 2019. The bench said that the measures taken under this Act are in addition to the measures under Section 125 of the CrPC.
Historical Context.
Earlier, the Supreme Court had given a historic verdict in the Shah Bano case, in which Section 125 of the CrPC was deemed a secular provision applicable to Muslim women. However, it was repealed by the Muslim Women Act 1986, and the validity of the law was upheld in 2001.
Supreme Court rules that Section 125 CrPC, which deals with wife’s 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.
read more https://t.co/9aadYwcYZY pic.twitter.com/kkEqeCXxHf— Media Talk (@naved_studio) July 10, 2024