Divorced Muslim Woman Can Claim Maintenance Under Section 125 Crpc Until Remarriage: Allahabad High Court
- INTRODUCTION
Maintenance laws in India are meant to prevent destitution and vagrancy. Section 125 of the Code of Criminal Procedure, 1973 (CrPC) is one such welfare provision. It applies to all citizens, irrespective of religion. In a recent decision, the Allahabad High Court reaffirmed that a divorced Muslim woman is entitled to claim maintenance from her former husband under Section 125 CrPC as long as she does not remarry. The ruling strengthens the principle that personal laws cannot defeat basic social justice guaranteed by secular criminal law. - LEGAL BACKGROUND
Section 125 CrPC is secular in nature and overrides personal laws in matters of basic maintenance.
In the context of Muslim women, controversy has existed after the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Some husbands argued that once mehr and iddat expenses are paid, no further maintenance is payable. However, courts have consistently rejected this narrow interpretation.
The Supreme Court has clarified that a Muslim woman who is divorced can invoke Section 125 CrPC if she is unable to maintain herself and has not remarried. The object of Section 125 is not to punish the husband but to prevent starvation and social neglect. - ALLAHABAD HIGH COURT’S RULING
The Allahabad High Court held that a divorced Muslim woman continues to fall within the meaning of the term “wife” under Section 125 CrPC until she remarries. The Court emphasized that denying maintenance merely on the ground of divorce would defeat the purpose of the provision.
The Court observed that the 1986 Act does not bar proceedings under Section 125 CrPC. Instead, both laws operate in their respective fields. If a divorced Muslim woman is unable to maintain herself, she can seek monthly maintenance under Section 125 CrPC, provided she has not entered into a second marriage.
The judgment reinforces that personal law cannot be used as a shield to avoid constitutional values of equality and dignity. - CONSISTENCY WITH SUPREME COURT JURISPRUDENCE
The Allahabad High Court’s view aligns with established Supreme Court precedent. In Shabana Bano v. Imran Khan, the Supreme Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC even after the iddat period, so long as she does not remarry.
Similarly, in Danial Latifi v. Union of India, the Court upheld the constitutional validity of the 1986 Act by interpreting it in a manner that ensures reasonable and fair provision for divorced Muslim women. These decisions make it clear that the right to maintenance is a matter of social justice, not religious obligation alone. - SIGNIFICANCE OF THE DECISION
This ruling is significant for three reasons. First, it protects divorced Muslim women from financial hardship. Second, it reinforces the secular nature of Section 125 CrPC. Third, it limits misuse of personal law defenses by errant husbands seeking to escape responsibility.
By reaffirming that maintenance continues until remarriage, the Court has ensured that divorced women are not left without support in a society where economic dependence is still a reality for many. - CONCLUSION
The Allahabad High Court’s decision strengthens the protective framework of maintenance law in India. It confirms that a divorced Muslim woman’s right to maintenance under Section 125 CrPC continues until she remarries. The judgment reflects a humane and constitutional approach, ensuring dignity, equality, and social justice. It is another step toward harmonizing personal laws with fundamental rights and welfare-oriented criminal law.This article has been researched and written by Advocate Aarun Chanda, who practices divorce law in Mumbai and Pune. It is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer or advocate specializing in divorce cases for professional legal guidance.Seeking expert legal guidance?- Contact The Divorce Law Firm today.
