Supreme Court: The Supreme Court has ruled that Muslim women who have been illegally divorced through the pronouncement of triple talaq are entitled to seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). This decision affirms the right of such women to claim maintenance in addition to the remedies provided under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Protection Under 2019 Act
The Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalized the practice of triple talaq, which had been declared void by the Supreme Court in 2017. The Act specifies that a woman subjected to triple talaq is entitled to claim a subsistence allowance from her husband.
Supreme Court’s Ruling
The bench, comprising Justices BV Nagarathna and Augustine George Masih, addressed the question of whether a Muslim woman could utilize Section 125 CrPC to seek maintenance. Justice Nagarathna, authoring the judgment, stated, “When divorce is void and illegal, such a Muslim woman can also seek remedy under Section 125 of the CrPC.”
The judgment highlighted that in cases of illegal divorce under the 2019 Act, the affected woman has two options:
- Relief Under Section 5 of the 2019 Act: Women can seek subsistence allowance as specified by the Act.
- Remedy Under Section 125 CrPC: Alternatively, women can choose to seek maintenance under Section 125 of the CrPC.
This ruling reinforces the rights of Muslim women who have been illegally divorced through triple talaq, ensuring they have multiple avenues to seek financial support and maintain their dignity. The judgment underscores the Supreme Court’s commitment to upholding women’s rights and providing them with the necessary legal protection.
By allowing women to seek maintenance under Section 125 of the CrPC, the court has provided a broader legal framework to support those affected by the now criminalized practice of triple talaq. This decision is expected to have a significant impact on ensuring the financial security and well-being of Muslim women who have faced illegal divorce.
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