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Court has further held that if during the pendency of an application under Section 125 CrPC, the Muslim woman gets divorced, she can take recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019
The Supreme Court has observed that maintenance is a facet of gender parity and enabler of equality, not charity.
It has been further held that there cannot be a disparity amongst divorced Muslim women on the basis of the law under which they were married or divorced in the matter of their maintenance post-divorce.
Yesterday, in a landmark verdict, the Supreme Court of India has held that a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code.
In a separate but concurring judgment, Justice BV Nagarathna has said the protective provision of Section 125 ought to remain available to every divorced Muslim woman to avoid the absurd outcome of a section of Muslim women being left remediless under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The verdict has further held that Section 125 of the CrPC cannot be excluded from its application to a divorced Muslim woman irrespective of the law under which she is divorced.
"There cannot be disparity in receiving maintenance on the basis of the law under which a woman is married or divorced. The same cannot be a basis for discriminating a divorced woman entitled to maintenance as per the conditions stipulated under Section 125 of the CrPC or any personal or other law such as the 1986 Act....", the judgment adds.
Instant case emanated from a special leave petition filed by Mohd Abdul Samad against a Telangana High Court's order of December 13, 2023.
The man filed an application under Section 482 of the Criminal Procedure Code before the High Court against the Hyderabad Family Court's order to pay Rs 20,000 maintenance to the wife.
In the case, the divorce certificate was issued on September 28, 2017 in accordance with the personal laws.
"Keeping in view that there are several questions of facts and law regarding the maintenance to be granted in the background of the claim of the husband regarding divorce, this Court deems it appropriate to direct the petitioner/husband to pay an amount of Rs10,000 per month towards interim maintenance from the date of petition and 50% of the arrears of maintenance shall be paid on or before 24.01.2024," the high court had said.
Further, the remaining 50% of the arrears shall be paid by March 13, 2024, it had said. The high court had asked the Family Court to decide the main matter within six months.
Case Title: Mohd Abdul Samad vs. The State of Telangana & Anr
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