Muslim women can claim maintenance under the general law
In one line
Every married woman, whatever her religion, can claim maintenance under the general criminal law.
What happened
A husband argued that his divorced Muslim wife could claim maintenance only under the 1986 Muslim Women’s Act, not under Section 125 of the CrPC.
What the court decided
- Section 125 of the CrPC is a secular law that applies to all married women, including divorced Muslim women.
- The 1986 Act does not take away this right; a woman can use either law.
What it means for you
- This provision is now Section 144 of the BNSS (from 1 July 2024).
- A wife who cannot maintain herself can apply to the Family Court or Magistrate.
- Maintenance is a right, not charity.
Source: Judgment of the Supreme Court of India in Mohd. Abdul Samad v. State of Telangana, decided on 10 Jul 2024.
Legal Notice for MaintenanceDrafted & signed by an advocate · Within 24 hours
This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
