A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced separate but concurring judgments.
Recently, the Supreme Court upheld the right of divorced Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). This decision came in response to the case of Mohd Abdul Samad vs State of Telangana and anr. Justices BV Nagarathna and Augustine George Masih, who presided over the bench, issued separate but concurring judgments. They affirmed the entitlement of Muslim women to seek maintenance after a petitioner, a Muslim man, challenged a directive from the Telangana High Court to provide ₹10,000 as interim maintenance to his ex-wife.
“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all woman and not just married woman,” Justice Nagarathna said pronouncing the verdict.
The Court also clarified that if a Muslim woman’s divorce occurs while her application under Section 125 CrPC is pending, she may seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. Emphasizing the additional option provided by the 2019 Act alongside Section 125 CrPC, the Court underscored its role in providing relief.
In a significant precedent set by the Shah Bano case, the Supreme Court previously affirmed that Section 125 CrPC is a secular provision applicable to Muslim women. However, the applicability of this ruling was later superseded by the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was upheld as valid in 2001.
The current petition before the Supreme Court revolves around a dispute regarding a claim filed under Section 125 of the CrPC by the wife of the petitioner prior to their divorce. The matter stemmed from a Family Court order mandating the petitioner to pay interim maintenance of ₹20,000 per month, later reduced to ₹10,000 per month by the High Court. The High Court also directed the Family Court to resolve the issue within six months.
The petitioner’s counsel argued that, in light of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to benefits under Section 125 CrPC. They further contended that the 1986 Act provides more advantageous provisions for Muslim women.
