​Divorced Muslim Women’s Maintenance Rights

On 10th July, 2024, the Supreme Court (SC) held that a divorced Muslim woman is entitled to file a maintenance petition against her husband under Section 125 of the Code of Criminal Procedure (CrPC).

Case

  • The case arose when a Muslim man challenged a Telangana High Court order directing him to pay Rs 10,000 as interim maintenance to his former wife.
  • The petitioner argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, precludes a divorced Muslim woman from claiming benefits under Section 125 of CrPC.

What SC Said?

Maintenance is Not Charity

  • Maintenance is not charity ....

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