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Muslim Women can seek maintenance under section 125 of crpc

Last Updated on July 10, 2024 by News Desk

It was ruled by the S.C. that a divorced Muslim woman is entitled to file a petition for maintenance under section 125 of the crpc. This right is in addition to the right under the Muslim Women (Protection of Rights on Divorce) act 1986.

The bench comprised of Justices BV Nagarathna and Augustine George Masih.

The petition was filed by a Muslim man, against the direction that was given for paying the interim maintenance to his divorced wife under section 125 crpc.

Two separate but concurring judgements were delivered by the bench.

The judgement held that the crpc would apply to all the women, inclusive of the Muslim married women and also to those Muslim women who are married under the special marriage act.

The provisions of both section 125 crpc as well as the provisions of the 1986 act will be applicable. The option is with Muslim divorced women who want to seek relief. This is because the act of 1986 is not in derogation of section 125 but in addition.

Justice Masih stated that any divorced Muslim woman is not restricted from exercising her independent right of maintenance which is mentioned under the secular provision of section 125 of the crpc. This has been upheld in various precedents like Daniel Latifi’s judgement.

Justice Nagarathna said that after going through the provisions of the 1986 act, it was found that the same was always in addition to section 125 of crpc and nothing creates a bar under the act, that the woman would be restricted to opt remedy under crpc.

The 1986 cannot act as a substitute, as it has not supplanted section 125 of crpc.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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