The Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (CrPC), which deals with a wife’s right to maintenance and covers all married women irrespective of their religion.

Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming the rights of Muslim women. This ruling followed a man’s challenge to a Telangana High Court order directing him to pay Rs 10,000 as interim maintenance to his former wife, according to Bar and Bench.

The petitioner’s counsel argued that a divorced Muslim woman is not entitled to maintenance under Section 125 of the CrPC and must invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The bench dismissed the petition, stating that maintenance is not charity but the right of married women, and it is applicable to all married women irrespective of their religion.

In her judgment, Justice Nagarathna said, “We are dismissing the criminal appeal with the conclusion that Section 125 CrPC applies to all women, not just married women.”

The Court clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act offers additional remedies alongside Section 125 CrPC.