New Delhi: The Supreme Court on Wednesday (July 10) held that a Muslim woman is entitled to file a maintenance petition against her husband under Section 125 of the CrPC.
The bench of Justices BV Nagarathna and Augustine George Masih stated this while dismissing a petition filed by a Muslim man against the direction to pay interim maintenance to his divorced wife under Section 125 CrPC, reported LiveLaw.
The Court concluded that the Muslim Women (Protection of Rights on Divorce) Act 1986 will not prevail over the secular law.
The two Justices delivered separate but concurrent judgments.
“We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women,” Justice Nagarathna stated, reported LiveLaw.
The bench further clarified that in case during the pendency of a petition under Section 125 CrPC a Muslim woman is divorced, then she can take recourse to the Muslim Women (Protection of Rights on Marriage) Act 2019.
The bench also stated that the remedy available under the Muslim Women (Protection of Rights on Marriage) Act 2019 is in addition to the recourse available under Section 125 CrPC, reported LiveLaw.
