According to Section 125 of the Code of Criminal Procedure, a divorced Muslim woman is entitled to maintenance from her former spouse, the Supreme Court decided on Wednesday.<\/p>\n\n\n\n

According to Section 125 of the Code of Criminal Procedure (CrPc), a Muslim woman is entitled to maintenance from her husband, the Supreme Court ruled on Wednesday. BV Nagarathna and Augustine George Masih, the bench’s two members, denied the man’s appeal challenging the order to provide his divorced wife with interim maintenance under Section 125 CrPC.<\/p>\n\n\n\n

The bench further decided that the woman may use the 2019 Act if she gets divorced while the application is pending. In addition to the remedy under Section 125 CrPc, the 2019 Act offers another remedy.<\/p>\n\n\n\n

The Muslim Women (Protection of Rights on Divorce) Act of 1986, according to the bench, would not take precedence over secular law.<\/p>\n\n\n\n

“We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women,” said Justice Nagarathna.<\/p>\n\n\n\n

The highest court made it clear that divorced women would also be able to request support under the law.<\/p>\n\n\n\n

The Supreme Court ruled in the Shah Bano case of 1985 that Section 125 CrPC is a secular statute that also applies to Muslim women. This ruling was a historic decision. The Muslim Women (Protection of Rights on Divorce) Act, 1986, however, rendered this illegal; the law’s legitimacy was affirmed in 2001.<\/p>\n\n\n\n

The bench stated during the hearing today that an Indian married man needs to realize that his wife, who is not financially independent, depends on him. It further stated that an Indian guy deserves recognition for his independent efforts.<\/p>\n\n\n\n

The case concerns a plea filed by a man who contested the Telangana High Court’s order to provide his ex-wife with interim maintenance payments of Rs 10,000.<\/p>\n\n\n\n

The man was first ordered by a Family Court to provide his ex-wife with Rs 20,000 a month in interim support. The Telangana High Court heard a challenge to this, arguing that the couple’s 2017 divorce was granted in accordance with Muslim personal law. The High Court ordered the family court to conclude the matter in six months and changed the maintenance to Rs 10,000 per month.<\/p>\n\n\n\n

The man’s ex-wife, the respondent, filed complaints with the Supreme Court over claims filed under Section 125 of the CrPC.<\/p>\n\n\n\n

The attorney for the Muslim man in the case argued that a divorced lady is not eligible to receive benefits under Section 125 CrPC due to the Muslim Women Act of 1986. It was further argued that Muslim women benefit more from the 1986 Act.<\/p>\n\n\n\n

In separate but concurrent rulings, Justices Nagarathna and Masih dismissed the man’s complaint and maintained the Muslim woman’s right to maintenance from her former spouse.<\/p>\n","protected":false},"excerpt":{"rendered":"

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