Muslim women too entitled to alimony under law: SC

New Delhi, NT Bureau: In a judgment of farreaching implications, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the "religion neutral" provision is applicable to all married women irrespective of their religion.

A bench of justices BV Nagarathna and Augustine George Masih in a concurring verdict said, "(a) Section 125 of the CrPC applies to all married women including Muslim married women. (b) Section 125 of the CrPC applies to all nonMuslim divorced women."

It said insofar as divorced Muslim women are concerned, section 125 of the CrPC, which deals with maintenance of wife, children and parents, applies to all such Muslim women, married and divorced, under the Special Marriage Act.

"If Muslim women are married and divorced under Muslim law, then Section 125 of the CrPC as well as the provisions of the 1986 Act (the Muslim Women (Protection of Rights on Divorce) Act) are applicable. Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws.

This is because the 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the provision," the bench said.

It dismissed an appeal of Mohd Abdul Samad, who has challenged an order of Telangana High Court affirming the family court order to pay his estranged wife maintenance.

The top court in its 99- page verdict said in case of an illegal divorce as per provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the woman can seek subsistence allowance from her husband.