OVERVIEW

• Applicability: Section 125 CrPC applies to all married women, including Muslims, and all non-Muslim divorced women.
• Supreme Court Ruling: Muslim women can seek maintenance under Section 125 CrPC, in addition to the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• Bench: Justices BV Nagarathna and Augustine George Masih upheld a woman’s right to maintenance under general law.

CASE BACKGROUND

• Petitioner: Mohd Abdul Samad challenged a family court order to pay Rs 10,000 monthly maintenance to his former wife.
• Outcome: Supreme Court dismissed the petition, reaffirming maintenance rights under Section 125 CrPC.

SECTION 125 CRPC

• Obligation: “Any person having sufficient means” must maintain “his wife” or “legitimate/illegitimate minor child” unable to maintain themselves.
• Inclusion: The term “wife” includes a divorced woman who has not remarried.

SOCIAL JUSTICE ASPECT

• Justice Nagarathna’s View: Section 125 CrPC embodies constitutional philosophy of social justice, aiding destitute and deprived women, including divorced women.
• Integration: Maintenance under Section 125 CrPC complements provisions under the 1986 Act, not in opposition.

JUDGMENT CONCLUSION

1. Section 125 CrPC: Applies to all married women (Muslims included) and non-Muslim divorced women.
2. Divorced Muslim Women:
   • Married and divorced under the Special Marriage Act: Both Section 125 CrPC and Special Marriage Act apply.
   • Married and divorced under Muslim law: Section 125 CrPC and the 1986 Act apply; women can choose either or both.
   • Maintenance under personal law considered under Section 127(3)(b) CrPC.
3. Illegal Divorce (Triple Talaq):
   • Remedies under the 2019 Act or Section 125 CrPC.
   • Options available during pending Section 125 CrPC petitions.

TRIPLE TALAQ

• Illegal Method: Justice Nagarathna affirmed that Muslim women divorced via triple talaq can claim maintenance under Section 125 CrPC.
• Criminalisation: Triple talaq voided by the Supreme Court and criminalised by the 2019 Act.

SHAH BANO CASE

• Petition: Shah Bano sought maintenance under Section 125 CrPC for herself and five children post-triple talaq.
• Court Ruling: Supreme Court upheld her maintenance rights beyond the iddat period.
• Government Response: The Rajiv Gandhi-led government passed the MWPRD Act, placing post-iddat maintenance obligations on relatives or the State Wakf Board.