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A big decision of the Supreme Court, Muslim women can also seek maintenance from their husbands

The Supreme Court said that Section 125 of CrPC applies to all married women. No matter what his religion is. Muslim women can also avail this provision and claim maintenance allowance.
14 Day ago

Taking an important decision, the Supreme Court said that any Muslim or divorced woman is entitled to seek maintenance from her husband under Section 125 of the CrPC. Because of this he can also file an application for maintenance. Delivering the judgment, Justice BV Nagaratna and Justice Augustine George Masih said that a Muslim woman can exercise her legal right to maintenance. She can file an application in this regard under Section 125 of the Criminal Procedure Code.

Can file an application for maintenance

The Supreme Court said that this clause applies to all married women. So irrespective of her religion, Muslim women can also take help of this provision. The court once again said that a Muslim woman can file an application for maintenance against her husband under Section 125 CrPC. Justice BV Nagaratna and Justice Augustine George Masih delivered different judgments but both had the same point.

Do Muslim women not get maintenance?

In many cases divorced women do not get maintenance or even till the period of Iddat. Iddat is an Islamic tradition. According to this, if a woman is divorced by her husband or a woman divorces her husband, then she dies. So a woman cannot marry again till the time of Iddat. A Muslim woman can remarry after the period of Iddat is over.

However, in April 2022, the Allahabad High Court in its decision on a case said that a divorced Muslim woman is entitled to maintenance allowance even after the period of Iddat and will continue to receive this allowance until she remarries.

Challenging the Telangana High Court order

This order of the family court was challenged in the Telangana High Court. Where it was stated that the parties were divorced in the year 2017 as per Muslim Personal Law. A divorced Muslim woman was held entitled to her Section 125 CrPC application for maintenance.

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