The Supreme Court of India made a significant ruling on Wednesday, stating that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC). This particular section, which deals with a wife’s legal right to maintenance, will now apply to all married women, regardless of their religion. Justices BV Nagarathna and Augustine George Masih pronounced the verdict, emphasizing that maintenance is not a form of charity but a fundamental right for all married women.
The court dismissed the petition of Mohd Abdul Samad, who argued that divorced Muslim women are not entitled to maintenance under Section 125 and must instead rely on the Muslim Women (Protection of Rights on Divorce) Act, 1986.
With this ruling, the Supreme Court has ensured that all married women have the legal right to seek maintenance from their husbands, regardless of their religion.