New Delhi:
A divorced Muslim woman can seek alimony from her husband under Section 125 of the Code of Criminal Procedure – the law related to maintenance for wives – the Supreme Court ruled today. The big judgment came as a bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a Muslim man’s petition challenging a direction to pay his wife maintenance after divorce.
“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,” Justice Nagarathna said. Justice Nagarathna and Justice Masih delivered separate, but concurrent, judgments.
The bench made it clear that the law for seeking maintenance applies to all married women, irrespective of their religion.
Section 125 broadly says a person with sufficient means cannot deny maintenance to their wife, children or parents.
Maintenance is not a matter of charity but a fundamental right of married women, the court said. “This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women,” it added.
“Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. Time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family.”
Rekha Sharma, chairperson of the National Commission for Women, has welcomed the judgment. “NCW Chairperson, Ms. Rekha Sharma, wholeheartedly welcomes the Supreme Court’s landmark ruling affirming the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards gender equality and justice for all women,” the panel said in a post on X.