In a landmark ruling, the Supreme Court affirmed on Wednesday that Section 125 of the Criminal Procedure Code (CrPC), which guarantees maintenance to wives, applies universally to all women regardless of their religion. The verdict was delivered by a bench comprising Justices BV Nagarathna and Augustine George Masih, who dismissed a Muslim man’s appeal against an order requiring him to provide maintenance to his divorced wife under Section 125 CrPC.
In their separate but concurring judgments, the bench unequivocally stated that Section 125 CrPC is inclusive of all women, including divorced Muslim females who can seek maintenance from their husbands through this provision.
The Supreme Court’s decision represents a significant stride towards gender equality and the protection of fundamental rights for Muslim women in India.
Section 125 of the CrPC mandates that individuals with adequate means must financially support their spouse after divorce, aiming to safeguard the financial rights of wives, children, and parents who are unable to sustain themselves.
