10 Jul. 24: In a historic judgment, the Supreme Court ruled on Wednesday that a divorced Muslim woman can claim maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (CrPC). The decision came in the case of Mohd Abdul Samad versus the State of Telangana, where the Court upheld a Telangana High Court order directing a man to pay ₹10,000 as interim maintenance to his former wife.
Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments, emphasizing the inclusive nature of Section 125 CrPC. Justice Nagarathna stated, “We are dismissing the criminal appeal with the conclusion that Section 125 CrPC applies to all women, not just married women.”
The Court further clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek relief under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This Act provides additional remedies alongside Section 125 CrPC.
