Muslim marriages are largely ruled by Private Legal guidelines. Their divorce was additionally ruled utilizing the regulation till the introduction of the Triple Talaq Act which criminalised the moment divorce. Now, a case has come to gentle the place a Muslim girl approached the courtroom searching for alimony underneath the Code of Prison Process. The Supreme Courtroom dominated that Part 125 CrPC, which offers with spouse’s authorized proper to upkeep, is relevant to all ladies and a divorced Muslim feminine can file a petition underneath this provision for upkeep from her husband.
The Supreme Courtroom as we speak dominated {that a} divorced Muslim girl is entitled to hunt alimony from her husband underneath Part 125 of the Code of Prison Process. This vital judgment was delivered by a bench consisting of Justice BV Nagarathna and Justice Augustine George Masih, who dismissed a petition by a Muslim man difficult the order to pay upkeep to his divorced spouse underneath the CrPC.
The bench clarified that the regulation for searching for upkeep applies to all married ladies, no matter their faith. Justice BV Nagarathna and Justice Augustine George Masih delivered separate, however concurrent, judgments to this impact.
“We’re hereby dismissing the felony attraction with the key conclusion that Part 125 CrPC can be relevant to all girl and never simply married girl,” reported Bar and Bench quoting Justice Nagarathna.
The petition earlier than the Supreme Courtroom arose from a grievance concerning a upkeep declare filed underneath Part 125 of the CrPC by a Muslim girl, who was the petitioner’s spouse earlier than their divorce.
The problem originated from a Household Courtroom order directing the petitioner to pay interim upkeep of Rs 20,000 monthly. The petitioner challenged this order within the Excessive Courtroom, arguing that the couple had divorced underneath Muslim private regulation in 2017.
The Excessive Courtroom subsequently modified the upkeep quantity to Rs 10,000 monthly and instructed the Household Courtroom to resolve the case inside six months. The matter then reached the Supreme Courtroom.
