Landmark Judgment Ensures Financial Rights for All Women Post-Divorce

In a significant ruling, the Supreme Court of India declared that divorced Muslim women can claim maintenance from their ex-husbands under Section 125 of the Criminal Procedure Code (CrPC), 1973. The decision came while hearing an appeal by Mohd. Abdul Samad, who was ordered to pay Rs 20,000 to his ex-wife by a family court in Telangana.

Justices B V Nagarathna and Augustine George Masih delivered separate but concurring judgments. Justice Nagarathna emphasized that Section 125 CrPC applies to all women, regardless of marital status, ensuring broader financial support rights.

Samad had argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Special Act, should prevail over the general provisions of Section 125 CrPC. The 1986 Act, enacted to nullify the Supreme Court's ruling in the Shah Bano case, provides for maintenance and subsistence allowance to divorced Muslim women, and Samad contended that only a First Class Magistrate has jurisdiction under this Act.

However, the Supreme Court upheld the family court's decision, emphasizing that the CrPC's provision for maintenance extends to all women, ensuring that they are not left without financial support post-divorce. This judgment aligns with the court's previous ruling in the Danial Latifi case, which upheld the constitutional validity of the 1986 Act while ensuring it does not violate Articles 14, 15, and 21 of the Constitution.

The ruling reinforces the financial rights of divorced women, providing them with legal recourse to claim maintenance and uphold their dignity and well-being. This landmark decision ensures that divorced Muslim women have equal access to financial support under Indian law.