The Supreme Court heard the appeal of Muhammad Abdul Samad. A family welfare court in Telangana has ordered Muhammad Abdul Samad to pay Rs 20,000 alimony to his ex-wife.
The Supreme Court on Wednesday said Muslim women can claim maintenance from their divorced husbands under Section 125 of the Code of Criminal Procedure (CrPC), 1973.
Judges P.V. A bench comprising Nagaratna and Augustine George Masih said this in two separate but concurring judgments. Justice Nagaratna held that Section 125 CrPC applies to all women and not just married women.
The Supreme Court heard the appeal of Muhammad Abdul Samad. A family welfare court in Telangana has ordered Muhammad Abdul Samad to pay Rs 20,000 alimony to his ex-wife. The woman filed a petition in the Family Court under Section 125 of the CrPC alleging that Abdul Samad had given her triple talaq. He appealed to the High Court. The case was decided on December 13, 2023. In general, “many questions are raised that need to be resolved. However, the petitioner was awarded an interim maintenance amount of Rs. 10,000/- ordered to be paid.”
Against this, Muhammad Abdul Samad appealed to the Supreme Court, where the High Court failed to appreciate that the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a special statute, would override the provisions of Section 125 Cr.P.C. said. This is a general law. In 1986, the Rajiv Gandhi government passed a law to overturn the Supreme Court verdict in the Shah Bano case.
Abdul Samad contended that the provisions of Sections 3 and 4 of the 1986 Act begin with the no-holds-barred clause, which would be violative of the provisions of Section 125 Cr.P.C. That is, as there is no blanket provision for an application for grant of alimony under 125 Cr.P.C. to a divorced Muslim woman, while the Special Act empowers a First Class Magistrate to decide the issue, Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and The issue of payment of mahr and other maintenance payments under s 4 is not maintainable in the Family Court.
Section 125 of the Cr.P.C. states: “(1) If any person of sufficient means neglects or refuses to maintain – (a) his wife, who is incapable of maintaining himself, or (b) his legitimate or illegitimate minor child, whether married or not; , is incapable of maintaining himself, or (c) his legitimate child or illegitimate child (other than a married daughter) who has attained majority, where such child is, is incapable of maintaining himself by reason of any physical or mental abnormality or injury, or (d) his father or mother is unable to maintain herself, the First Class Magistrate may, on proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother. shall pay the same to such person as the Magistrate may from time to time direct at such monthly rate as such Magistrate may think fit.
In September 2001, the Constitution Bench of the Supreme Court upheld the constitutional validity of the 1986 Act in the case of Daniel Latifi & and Union of India, holding that its provisions did not affect Articles 14, 15 and 21 of the Constitution of India.
