Divorced Muslim women entitled for maintenance under Section 125 of CrPC


The Supreme Court of India said that divorced Muslim women are entitled to seek maintenance from their ex-husbands and they are entitled for maintenance under Section 125 of the Criminal Procedure Code (CrPC) which provides the same relief to wives, children and parents.

  • The Supreme Court of India order of directing a man to pay 4000 rupees as maintenance to his divorced wife and the rule would also apply to divorced Muslim women as well.
  • The Supreme Court of India order also said that an order under Section 125 CrPC can be passed if a person, despite having sufficient means, neglects or refuses to maintain the wife.
  • The decision was made by the Supreme Court bench comprising of Justice Dipak Misra and Justice Prafulla C Pant in a case involving one Shamima Farooqui from Lucknow.
  • The case relates to ill-treatment of Shamima Farooqui by her husband Shahid Khan, any Army personnel, who divorced her and later remarried.
  • In 1998, Shamima Farooqui filed a case against her husband seeking maintenance in a family court but her application was taken up in 2012.
  • The family court ordered in her favour and initially granted her 2000 rupees per month and later 4000 rupees per month after it found that she had no other means of supporting herself.

- Published/Last Modified on: April 8, 2015