The Supreme Court has held that a Muslim woman who has been wrongfully divorced by declaring triple talaq is entitled to receive maintenance from her husband under Section 125 of the Code of Criminal Procedure. This right is in addition to the relief provided under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which provides that a woman who has been subjected to triple talaq is entitled to earn maintenance from her husband. It should be noted that the 2019 Act criminalised the practice of triple talaq, but the Act was struck down by the Supreme Court in 2017. The bench, comprising Justices BV Nagarathna and Augustin George Masih, decided the issue of whether a Muslim woman could avail herself of Section 125 of the Code of Criminal Procedure to claim maintenance. The judgement written by Justice Nagarathna answered the question in the affirmative and discussed the rights of a woman who has been wrongfully divorced. "If the divorce is invalid and illegal, such a Muslim woman can also seek relief under Section 125 of the CrPC," Justice Nagaratna said. The judgment provides that in case of illegal divorce under the provisions of the 2019 Act, i) the facility under Section 5 of the Act can be availed to apply for maintenance or, at the option of the Muslim woman, to apply for relief under Section 125 of the CrPC.
i) If, during the pendency of a petition filed under Section 125 of the CrPC, a Muslim woman becomes "divorced", she can file an appeal under Section 125 of the CrPC or file a petition under the 2019 Act. iii) The provisions of the 2019 Act provide an additional remedy rather than an exclusion from Section 125 of the CrPC. The court also held that a Muslim woman married under the Special Marriage Act, 1954 is also entitled to invoke Section 125 of the CrPC.
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July 11, 2024 at 11:09AM
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