Jaipur : The Supreme Court on Wednesday gave an important decision in the interest of divorced Muslim women. The court said that now divorced Muslim women can file a petition under Section 125 of the CrPC and ask for maintenance allowance from their husbands. However, the court has clearly stated in its decision that this decision will apply to women of every religion and Muslim women can also resort to it. For this, they have the right to file a petition in the court under Section 125 of the CrPC. In this regard, Justice BV Nagaratna and Justice Augustine George Masih have given the verdict.
High court order upheld
This whole case is related to a person named Abdul Samad. Recently, the Telangana High Court had directed Abdul Samad to pay alimony to his wife. Abdul Samad filed a petition in the Supreme Court against this order. Abdul said in his petition that his wife is not entitled to ask for alimony from him under Section 125 of the CrPC. The woman will have to follow the Muslim Women Act, 1986. In such a situation, the biggest question before the court was which one to give priority to. Muslim Women Act or Section 125 of the CrPC, but in the end the court ruled in favor of the Muslim woman.
What is Section 125 of CrPC?
Under Section 125 of the CRPC, a husband can pay maintenance allowance to his wife, children and parents only when they do not have any means of livelihood. If they have any means of livelihood, then in such a situation, he is prohibited from giving them allowance.
First rule of allowance for only 3 months
Muslim women get alimony only for the period of Iddat. Usually the period of Iddat is only three months. Actually, according to Islamic tradition, when a Muslim woman’s husband dies or she is divorced, in such a situation she is not allowed to marry for three months. During this period, she is given alimony by her husband for these three months, but after that she is not given this allowance. But now the Supreme Court has intervened in this entire matter and paved the way for alimony for Muslim women.
