‘Muslim women can seek maintenance from husband after divorce’-Supreme Court

New Delhi: Muslim women who met Union MoS Parliamentary Affairs Vijay Goel to express their happiness over clearance of the 'triple talaq' ordinance by the Union Cabinet in New Delhi, on Sept 19, 2018. The clearance of the ordinance makes instant triple talaq a punishable offence with a three-year jail term. (Photo: IANS)
New Delhi| The apex court today gave an major decision stating that a Muslim woman can demand maintenance from her husband under Section 125 of CrPC. The court said that Muslim women can also file a petition for the same. “Section 125 will apply to all women and not just married women”, Justice Nagarathna said while delivering the verdict. The bench said that maintenance is not a right of charity but of married women and it applies to all married women, irrespective of their religion.
The Telangana High Court ordered Mohammed Abdul Samad to pay maintenance of Rs 10,000 every month to his divorced wife in February 2024, against which he had filed petition in the Supreme Court for which the apex court delivered the verdict today. The petitioner argued 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.
Let us tell you that Muslim women did not get maintenance allowance. Even if maintenance allowance is given, it is only till ‘Iddat’. Actually, Iddat is an Islamic tradition, according to which, if a woman is divorced by her husband, then that woman cannot marry for the duration of Iddat. The duration of Iddat lasts for three months.