Muslim women can get maintenance after divorce under CrPC Section 125: SC

The Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure and said the "secular and religion neutral" provision is applicable to all married women irrespective of their religion.

The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said.

"We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women...," Justice Nagarathna said while pronouncing the verdict.

The two judges gave separate but concurring verdicts.

Section 125 of the erstwhile CrPC, which deals with a wife's legal right to maintenance, covers Muslim women, the bench said.

The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion neutral provision of Section 125 of CrPC, it said while stressing that maintenance is not