‘Maintenance not charity, but married women’s right’: SC on divorced Muslim alimony

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Published July 10, 2024 at 12:51pm

    SC bats in favour of Muslim women

    It says alimony a right not a charity

    The verdict is being hailed for its equality

In a landmark judgment, the Supreme Court today affirmed that divorced Muslim women can seek alimony from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). The ruling came as a bench comprising Justice BV Nagarathna and Justice Augustine George Masih dismissed a petition from a Muslim man challenging the directive to pay maintenance to his divorced wife under the CrPC.

“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women and not just married women,” declared Justice Nagarathna. Both justices delivered separate but concurrent judgments, reinforcing the inclusive application of the law.

Also Read: Supreme Court lays down guidelines for representation of disability on screen; terms such as ‘retard’ and ‘cripple’ to be avoided 

The bench underscored that the provision for maintenance under Section 125 CrPC applies universally to all married women, irrespective of their religion. This judgment upholds the right to maintenance as a fundamental right of a married woman, emphasizing that it is a necessity and not an act of charity.

Justice Nagarathna stressed that maintenance is a critical right, stating, “Maintenance is not charity, but a right of married women.” The ruling affirms that every woman, regardless of her faith, has the right to seek financial support from her husband post-divorce to ensure her well-being and dignity.

This decision marks a significant step towards gender equality and the protection of women’s rights in India, ensuring that divorced Muslim women have equal access to justice and financial support as their counterparts from other religions.

 

‘Maintenance not charity, but married women’s right’: SC on divorced Muslim alimony

https://newsfirstprime.com/wp-content/uploads/2024/03/Trial-Court-Bail.jpg

    SC bats in favour of Muslim women

    It says alimony a right not a charity

    The verdict is being hailed for its equality

In a landmark judgment, the Supreme Court today affirmed that divorced Muslim women can seek alimony from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). The ruling came as a bench comprising Justice BV Nagarathna and Justice Augustine George Masih dismissed a petition from a Muslim man challenging the directive to pay maintenance to his divorced wife under the CrPC.

“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women and not just married women,” declared Justice Nagarathna. Both justices delivered separate but concurrent judgments, reinforcing the inclusive application of the law.

Also Read: Supreme Court lays down guidelines for representation of disability on screen; terms such as ‘retard’ and ‘cripple’ to be avoided 

The bench underscored that the provision for maintenance under Section 125 CrPC applies universally to all married women, irrespective of their religion. This judgment upholds the right to maintenance as a fundamental right of a married woman, emphasizing that it is a necessity and not an act of charity.

Justice Nagarathna stressed that maintenance is a critical right, stating, “Maintenance is not charity, but a right of married women.” The ruling affirms that every woman, regardless of her faith, has the right to seek financial support from her husband post-divorce to ensure her well-being and dignity.

This decision marks a significant step towards gender equality and the protection of women’s rights in India, ensuring that divorced Muslim women have equal access to justice and financial support as their counterparts from other religions.

 

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