Muslim women can ask for alimony from their husbands after divorce, Supreme Court’s big decision

Supreme Court’s decision- All women are entitled to receive alimony.

muslim woman maintenance , The Supreme Court gave a big decision on Wednesday on the alimony of women. The apex court said that under Section 125 of the CrPC, Muslim women are also entitled to get alimony and they can demand it from their husbands even after divorce. In fact, a man had filed a petition in the Supreme Court challenging the order to pay alimony to his divorced wife. Rejecting this petition, a bench of Justice BV Nagarathna and Justice A George Masih gave its verdict.

The High Court had directed to pay 10 thousand rupees

The Telangana High Court had directed Mohammed Abdul Samad to pay his ex-wife Rs 10,000 as alimony. The Muslim man had challenged this order of the High Court in the Supreme Court. During the hearing on the petition, the lawyer of the petitioner argued that the Divorce Rights Protection Act 1986 does not allow a divorced Muslim woman to ask for alimony under Section 125 of the CRPC. Rejecting the lawyer’s argument, the court said that a Muslim woman has the right to ask for alimony under the general law.

In its decision, the Supreme Court said that alimony is not a charity but a fundamental right of a married woman. The court said that this right implements the principle of gender equality for women of all religions and ensures economic security.

Maintenance is not charity- Court

Justice Nagarathna said, ‘We are dismissing the criminal appeal with the main conclusion that Section-125 will apply in relation to all women, not only married women.’ The bench said that maintenance is not a donation but a right of married women and all married women are entitled to it, irrespective of their religion.

‘Not entitled to receive alimony’

The apex court dismissed Samad’s plea challenging the order of the Telangana High Court. The High Court had rejected Samad’s plea to interfere with the family court’s decision regarding alimony. Samad had argued that a divorced Muslim woman is not entitled to alimony under Section 125 of the CrPC and the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 must be applied.