Introduction:

In a landmark decision, the Supreme Court of India recently addressed the applicability of Section 125 of the Code of Criminal Procedure (CrPC) to divorced Muslim women. The case, involving a plea against payment of interim maintenance by a Muslim man to his divorced wife, delved into the intersection of personal laws and secular provisions under the CrPC.

Arguments of Both Sides:

Senior Advocate S Wasim A Qadri, representing the petitioner-husband, argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act), which provides comprehensive provisions including maintenance for divorced Muslim women, should prevail over Section 125 CrPC. He contended that the Act, being a special legislation, supersedes the general provisions of CrPC and offers more extensive relief, especially post-divorce.

On the other hand, Amicus Curiae Senior Advocate Gaurav Agarwal countered that Section 125 CrPC remains applicable despite the existence of the 1986 Act. He argued that the purpose of Section 125 CrPC, which is to provide immediate and subsistence allowance to women, is distinct from the broader provisions of the 1986 Act regarding mehr, dower, and long-term maintenance.

Court’s Judgement:

The Bench, comprising Justices BV Nagarathna and Augustine George Masih, delivered concurring judgments affirming the right of divorced Muslim women to seek maintenance under Section 125 CrPC. Justice Masih emphasized that Section 125 CrPC does not conflict with the 1986 Act but operates as an independent remedy. Justice Nagarathna echoed this view, stating that denying divorced Muslim women the right to approach Section 125 CrPC would violate constitutional principles of equality and non-discrimination.