Top Court Expands Alimony Rights for Divorced Women in Landmark Decision

In Muslim marriages, Personal Laws traditionally governed divorce until the Triple Talaq Act criminalized instant divorce. Recently, a Muslim woman sought alimony under the Code of Criminal Procedure. The Supreme Court ruled that divorced Muslim women can indeed seek alimony from their husbands under Section 125 of the CrPC.

This ruling was delivered by Justices BV Nagarathna and Augustine George Masih, who dismissed a petition challenging the maintenance order by a Muslim man to his divorced wife.

The Supreme Court bench clarified that the provision for seeking maintenance applies universally to all women, irrespective of their religion. Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming this stance.

The case involved a dispute over maintenance filed under Section 125 of the CrPC by a Muslim woman who was previously married to the petitioner before their divorce. Initially, a Family Court had ordered the petitioner to pay interim maintenance of Rs 20,000 per month, which he contested in the High Court, citing their divorce under Muslim personal law in 2017.

Following the Family Court’s initial order for Rs 20,000 per month, which was later reduced to Rs 10,000 per month by the High Court, the case was referred back to the Family Court with instructions to resolve the matter within six months. This decision was subsequently appealed to the Supreme Court.