Supreme Court's decision: Divorced Muslim women are also entitled to alimony

Supreme Court's decision: Divorced Muslim women are also entitled to alimony

Wednesday, July 10, 2024

The Supreme Court of India on Wednesday, July 10, 2024, gave a decision saying that a Muslim woman can demand alimony under Section 125 of the Code of Criminal Procedure.

A two-judge bench headed by Justice BV Nagarathna gave this decision while hearing the case of a Muslim woman seeking alimony under this section.

A Muslim man had challenged the Telangana High Court's order to grant alimony of ten thousand rupees.

His lawyer argued that since the Muslim Women (Protection of Rights in Divorce Cases) Act 1986 is in force, he cannot get alimony under Section 125.

Both the judges have given this decision unanimously. The order is yet to be written.

In 1985, the Supreme Court had said that Section 125 is a secular law that applies to all women.

After which large-scale protests started.

After this, in 1986, the Government of India passed the Muslim Women (Protection of Rights in Divorce Cases) Act.

What has the Muslim religious leader said on the issue of giving alimony to divorced Muslim women?

Wednesday, July 10, 2024

The Supreme Court of India gave a verdict on Wednesday, July 10, 2024, saying that a Muslim woman can demand alimony under Section 125 of the Code of Criminal Procedure.

Mohammad Suleman, founding member of the All India Muslim Personal Law Board, has reacted to this.

Mohammad Suleman said that "The decision given by the Supreme Court in the Shah Bano case in 1985. The Personal Board launched a movement against it. After this a law came into existence. The Supreme Court interprets that law."

"At that time itself the Supreme Court had said that those who want relief under Section 125 will be given relief. This includes the Muslim community as well."

Mohammad Suleman said, "The Supreme Court has believed that the religious guarantee for women's rights is not enough."

"On the recent decision, I have to say that if our sisters, after divorce or separation due to any reason, want justice according to Islamic law, then this is better for them. Those sisters who feel that they should get maintenance under section 125 can go to court.''

"But there is a problem in this that even after separation, the relationship does not end and the woman cannot marry again because due to maintenance, the relationship between the two remains intact. Therefore, this is an unnatural practice."