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Supreme Court Ruling: Muslim Women Entitled to Alimony

Supreme Court Ruling: Muslim Women Entitled to Alimony


The Supreme Court consequently ruled in another landmark judgment that even Muslim women have the right to alimony after divorce. Elucidating, the court said that they are entitled to maintenance and thus upheld the rights of divorced women from the Muslim community to financial support.

Section 125 of the Criminal Procedure Code

It is compulsory, under Sec 125 of the Criminal Procedure Code, that a man has to pay alimony to his divorced wife; the court ordered it. A Muslim man challenged it in the Supreme Court but the two-judge bench headed by Justice BV Nagarathna and Justice Augustine George Masih dismissed the petition. The judgment went ahead to clearly say that divorced women among Muslims, too, have the right to maintenance from their ex-husbands.

Clarification on Issue by SC

The top court has clarified that the right to maintenance provided under Section 125 extends to divorced Muslim women, too. Referring to the judgment, it arose in a case titled Mohammad Abdul Samad vs. State of Telangana, wherein the petitioner challenged the verdict pronounced by the High Court.

Right to Alimony

In effect, what the judgment lays down is that Muslim women are entitled to maintenance allowance from their former husbands after divorce. The court made it clear that alimony was not a form of charity but a right of every woman upon marriage. It said that the law treats everyone equally and pointed out that it seemed to affirm equality and protection. It was a landmark judgment of the Supreme Court that further consolidated the fact that the right to alimony after divorce is not based on one’s religion.

Equality and Protection

This Supreme Court judgment entrenches equality and protection for every citizen. Most significantly, the court upheld a Muslim woman’s right to alimony after divorce, which further widens the legal platform supporting finance for women who get divorced, hence ensuring that they are treated fairly and with dignity.

This judgment equates the historical stature of divorce alimony as the inalienable right of every woman and corroborates the basic perception that ex-husbands’ support is an indispensable and justified arrangement for divorced ladies.

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