Is a Muslim woman entitled to maintenance? Decision reserved in SC

Is a divorced Muslim woman entitled to maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC) or not? Will CrPC be applicable in such a case or will the matter be resolved under personal law? The Supreme Court has reserved its decision after hearing the case on Monday. In fact, a Muslim man approached the Supreme Court challenging the court's direction to give interim maintenance allowance to his divorced wife. During the first hearing, the Supreme Court agreed to consider this legal question. A bench of Justices BV Nagarathna and Augustine George Masih heard the case challenging the family court order. In which a Muslim woman applied under Section 125 of CrPC and demanded maintenance allowance from her husband. Earlier, the family court had ordered that the husband would have to pay an interim maintenance allowance of Rs 20,000 per month.

High Court did not cancel the directive

However, the High Court did not quash the interim maintenance order. Keeping in mind many questions of facts and law, the amount to be paid was reduced from Rs 20 thousand to Rs 10 thousand per month from the date of application.

Argument in Supreme Court:

The petitioner-husband argued in the Supreme Court that a divorced Muslim woman is not entitled to file an application under Section 125 of the Code of Criminal Procedure. She will have to proceed under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. As far as maintenance relief is concerned, the 1986 law is more beneficial for Muslim women.