Muslim Women Can Seek Maintenance from Husbands After Divorce – Supreme Court

Muslim Women


Author: Hriday Verma

Published: July 10, 2024

It was a big deal when India’s Supreme Court said that Muslim women can ask their ex-husbands for money even after they’ve divorced. By making this important choice, the provision is now available to divorced Muslim women as well as married women.

All married women, no matter what religion they are, are protected by Section 125 of the Criminal Procedure Code (CrPC), which talks about a wife’s right to be supported.
The Court made it clear that maintenance is not charity but a right for married women, stressing that it applies to all faith groups.

A man from Telangana who is Muslim challenged a High Court decision that he pay his ex-wife ₹10,000 a month in support.

The court agreed with the man.

If a Muslim woman gets divorced while her claim under Section 125 CrPC is still being processed, she can also use the Muslim Women (Protection of Rights on Marriage) Act, 2019, which gives her more options besides Section 125 CrPC1.

This ruling is a big step toward equal rights for men and women and financial security for Indian Muslim women. It respects their right to maintenance even after the marriage is over, which is fair and gives them power23.

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