Muslim women can also ask for alimony from their husbands, Supreme Court's big decision

Taking an important decision, the Supreme Court has said that any Muslim divorced woman can file a petition against her husband for maintenance allowance under Section 125 of the CrPC. 

While giving the verdict, Justice BV Nagarathna and Justice Augustin George Masih said that Muslim women can exercise their legal right to maintenance. They can file a petition in this regard under Section 125 of the Criminal Procedure Code. 

The Supreme Court said that this section applies to all married women, irrespective of their religion. Muslim women can also resort to this provision. The court has once again said that a Muslim woman can file a petition for maintenance against her husband under Section 125 CrPC.

Although Justice BV Nagarathna and Justice Augustine George Masih gave separate verdicts, their opinion was the same.

 Did Muslim women not get alimony ? 

In many cases, divorced Muslim women do not get alimony or even if they get it, it is only till the period of Iddat. Iddat is an Islamic tradition. According to this, if a woman is divorced by her husband or he dies, then the woman cannot remarry till the period of 'Iddat'. The period of Iddat lasts for about 3 months. After the completion of this period, a divorced Muslim woman can remarry.

 What is the matter?

 A Muslim man named Abdul Samad had challenged the Telangana High Court's order to pay alimony to his wife in the Supreme Court. In the Supreme Court, the man had argued that a divorced Muslim woman is not entitled to file a petition under Section 125 of the CrPC. The woman will have to follow the provisions of the Muslim Women Act, 1986. In such a situation, the question before the court was whether the Muslim Women Act, 1986 should be given priority in this case or Section 125 of the CrPC.

 What is Section 125 of CrPC?

Section 125 of the CRPC gives detailed information about the maintenance of wife, children and parents. According to this section, the wife, parents or children dependent on the husband, father or children can claim maintenance allowance only if they have no other means of livelihood.