Introduction:

The Supreme Court is set to examine a crucial question concerning a Muslim woman’s entitlement to file a petition under Section 125 of the CrPC in a case where a divorced Muslim man challenges the direction to pay interim maintenance to his ex-wife. The matter stems from a Family Court order, later modified by the Telangana High Court, which directed the petitioner to pay interim maintenance to his divorced wife. Now, the Supreme Court will determine whether a divorced Muslim woman can seek maintenance under Section 125 CrPC or if she is confined to the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Arguments:

The petitioner contends that a divorced Muslim woman should pursue relief under the 1986 Act, which he believes is more favorable to Muslim women in matters of maintenance. He argues that the divorced wife did not submit an affidavit, as required by Section 5 of the 1986 Act, choosing the CrPC provisions over the Act. The petitioner further asserts that he had already paid maintenance during the iddat period.

On the other side, the respondent divorced woman relies on recent judicial precedents, including decisions from the Allahabad and Kerala High Courts, supporting the right of divorced Muslim women to claim maintenance under Section 125 CrPC beyond the iddat period.

Court’s Judgment:

The Supreme Court, represented by Justices BV Nagarathna and Augustine George Masih, has appointed Senior Advocate Gaurav Agarwal to assist in the case. The matter is scheduled for consideration on February 19, 2024.