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Muslim women can seek maintenance from husbands: SC


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New Delhi: The Supreme Court on Wednesday ruled that Muslim women can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), which applies to all married women irrespective of religion.

A Bench comprising Justice B.V. Nagarathna and Justice Augustine George Masih pronounced their judgment.

The judgment would apply to “all women, not just married women,” Justice Nagarathna said while pronouncing the verdict.

Both judges pronounced separate judgments but concurrent verdicts, said Section 125 of the erstwhile CrPC which deals with a wife’s legal right to maintenance covers Muslim women.

The bench dismissed the criminal appeal filed by the husband Mohd Abdul Samad, who said under Muslim law women are not entitled to maintenance.

Abdul Samad had challenged the order of Telangana High Court refusing to interfere with the maintenance order of the family court.

He has contended that a divorced Muslim woman is not entitled to maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Court said section 125 would apply to all women, not just married women, Justice Nagarathna said while pronouncing the verdict.

The bench said maintenance is not charity but the right of married women, and it applies to all married women irrespective of their religion.

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