The Supreme Court ruled that a divorced Muslim woman is entitled to seek alimony from her former husband. This significant judgment was delivered by a bench comprising Justice BV Nagarathna and Justice Augustine George Masih. The court dismissed a petition filed by a Muslim man, which challenged the directive requiring him to pay maintenance to his ex-wife under Section 125 of the Code of Criminal Procedure. This ruling reinforces the financial rights of divorced Muslim women in India.
“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.
The bench clarified that the law that caters to seeking maintainence is applicable to all married woman, regardless of the religion that they belong to. Justice Nagarathna and Justice Masih, both delivered concurrent judgments, although individually
The court reiterated that maintainence is the right of married women and not charity. In strong remarks, Justice Nagarathna said, “Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. The time has come when the Indian man must recognise a homemaker’s role and sacrifice.”
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