Muslim women entitled to alimony on divorce, Supreme Court rules in landmark decision

In a landmark decision, the Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (CrPC).

The ruling came in the case of one Mohd Abdul Samad versus State of Telangana.

Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming the rights of Muslim women. This ruling came after a man challenged a Telangana High Court order directing him to pay ₹10,000 as interim maintenance to his former wife, according to Bar and Bench.

Justice Nagarathna, in her judgment, stated, "We are dismissing the criminal appeal with the conclusion that Section 125 CrPC applies to all women, not just married women."

The Court further clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act offers additional remedies alongside Section 125 CrPC.