MUSLIM WOMEN’S RIGHT TO MAINTENANCE UNDER SECTION 125 OF THE CRPC

The Supreme Court of India is examining whether divorced Muslim women can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) against their ex-husbands.

1. In February 2024, a bench reserved its order on the maintenance of Muslim women. The bench noted that the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not prevent a divorced Muslim woman from filing a petition under Section 125 CrPC

Background:

1. A Muslim man challenged a Telangana High Court's directive to pay ₹10,000 interim maintenance to his ex-wife.
2. He argued that maintenance should be governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986, as it prevails over Section 125 of the CrPC.
3. The Supreme Court observed that the 1986 Act does not explicitly bar divorced Muslim women from filing a petition under Section 125 of the CrPC.

About Muslim Women (Protection of Rights on Divorce) Act, 1986:

1. The Act provides a procedure for Muslim women to claim maintenance during divorce.
2. It was enacted to nullify a 1985 Supreme Court decision that upheld a Muslim woman's right to seek maintenance under Section 125 of the CrPC.
3. Section 3 of the 1986 Act guarantees maintenance to a divorced Muslim woman during the iddat period only, equal to the amount of mahr or dowry.

Section 125 of CrPC:

1. A secular law for maintenance of Wife, Child, or Parents.
2. Allows individuals who are unable to maintain themselves, they can claim financial support from spouses or children.
3. Aims to prevent situations like poverty.

Prior Judicial Precedents:

1. The Allahabad High Court Stated that a divorced Muslim woman’s right to claim maintenance under Section 125 of the CrPC even after the iddat period, as long as she remains unmarried.
2. In Mujeeb Rahiman v. Thasleena (2022), a divorced Muslim woman could seek maintenance under Section 125 until relief under Section 3 of the 1986 Act is obtained.
3. However, in Noushad Flourish v. Akhila Noushad (2023), a Muslim wife who obtained divorce by khula (divorce at the instance of, and with the consent of the wife) could not claim maintenance under Section 125 of the CrPC.

Conclusion:

The Supreme Court's decision on which law prevails will have significant implications for the rights of divorced Muslim women and the interplay between personal and secular laws in India.

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