'Not Charity, It's A Right': Divorced Muslim women entitled to alimony says SC

New Delhi: The Supreme Court on Wednesday delivered a significant verdict affirming that a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code (CrPC) from her former husband. A bench comprising Justices BV Nagarathna and Augustine George Masih issued separate but concurrent judgments, reinforcing the rights of Muslim women. The case stemmed from a petition by a Muslim man challenging a Telangana High Court order that directed him to pay Rs 10,000 in interim maintenance to his ex-wife.

"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 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."