Muslim women entitled to alimony after divorce, rules Supreme Court
THE JHARKHAND STORY DESK Advertisement New Delhi, July 10: Muslim women will also get alimony after divorce. The Supreme Court on…
THE JHARKHAND STORY DESK
New Delhi, July 10: Muslim women will also get alimony after divorce. The Supreme Court on Wednesday gave a historic verdict saying that under Section 125 of the CrPC, Muslim women can now also use this law to get alimony after divorce and has nothing to do with religion.
A bench of Justice BV Nagarathna and Justice Augustine George Masih has given this verdict. The bench of the court further said that Section 125 will now apply to all married women.
In its decision, the Supreme Court said that alimony is not a charity but a fundamental right of married women. The court said that this right is beyond the boundaries of religion and strengthens the principle of gender equality and economic security for all married women.
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What is Section 125 of CrPC?
Under Section 125 of CrPC, any woman is entitled to get alimony after divorce from her husband.
While defining the wife in this section, it has been made clear that the wife can be either an adult or a minor. Section 125 is basically related to the right to maintenance.
What is the case?
The Telangana High Court had ordered a man named Abdul Samad to pay alimony to his wife, against which Abdul Samad had approached the Supreme Court.
The High Court had mentioned Section 125 of the CrPC in its decision. Samad had divorced his wife in 2017.
Samad had told the Supreme Court that his ex-wife cannot ask for alimony from him under Section 125, she can be given alimony only under the Muslim Women Act 1986. Since alimony can be given only for the period of Iddat under this Act, Abdul Samad refused to give alimony to his wife.
But the court has considered Section 125 as supreme and ordered to give her alimony. The Supreme Court said that no act can be above the secular law of the country.
