Divorced Muslim woman can seek maintenance from husband: Supreme Court

New Delhi: The Supreme Court on Wednesday ruled that a divorced Muslim woman is eligible to maintain a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance from her estranged husband.

A bench headed by Justice B. V. Nagarathna was dealing with a special leave petition filed by a husband questioning the grant of interim maintenance of Rs 10,000 per month to the respondent wife.

The plea contended that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a 125 CrPC petition and has to proceed under the provisions of the 1986 Act.

It added that the 1986 Act was more beneficial to the Muslim woman as compared to Section 125 of the CrPC.

The husband pleaded the courts below did not consider the fact that the divorce certificate was issued in September 2017 in accordance with the personal laws and he was not obliged to pay maintenance on account of the divorce.