Supreme Court Ruling: Muslim Women Illegally Divorced Through Triple Talaq Can Seek Maintenance Under Section 125 CrPC

The Supreme Court of India has made a significant ruling in the case of Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl) 1614/2024, stating that Muslim women who have been illegally divorced through triple talaq can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). This ruling is in addition to the Muslim Women (Protection of Rights on Marriage) Act 2019, which provides for subsistence allowance to women who have been subjected to triple talaq.

The court’s decision was made by a bench comprising Justices BV Nagarathna and Augustine George Masih, who were considering the question of whether a Muslim woman could seek maintenance under Section 125 CrPC. The judgment, authored by Justice Nagarathna, emphasized the rights of women who have been illegally divorced. According to the court, when a divorce is void and illegal, a Muslim woman can seek remedy under Section 125 CrPC, in addition to the remedy provided under the 2019 Act.

The court also clarified that Muslim women who got married under the Special Marriage Act 1954 are entitled to invoke Section 125 CrPC. The judgment stated that if a woman has been divorced in a valid manner, she can approach the Magistrate under the 1986 Act, but if she has been the victim of the mischief defined under the 2019 Act, then her right to subsistence allowance is secured through Section 5 of the 2019 Act.

The court’s conclusions from the judgment are as follows:

• Section 125 of the CrPC applies to all married women, including Muslim married women.
• Section 125 of the CrPC applies to all non-Muslim divorced women.
• For divorced Muslim women, Section 125 of the CrPC applies to those married and divorced under the Special Marriage Act, in addition to remedies available under the Special Marriage Act.
• For Muslim women married and divorced under Muslim law, Section 125 of the CrPC and the provisions of the 1986 Act are applicable. Muslim divorced women have the option to seek remedy under either of the two laws or both laws.
• If a divorced Muslim woman seeks maintenance under Section 125 CrPC, any order passed under the provisions of the 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC.
• In case of an illegal divorce under the provisions of the 2019 Act, a Muslim woman can seek relief under Section 5 of the Act or under Section 125 CrPC. If she is divorced during the pendency of a petition filed under Section 125 CrPC, she can take recourse under Section 125 CrPC or file a petition under the 2019 Act. The provisions of the 2019 Act provide remedy in addition to and not in derogation of Section 125 CrPC.

This ruling is a significant step towards ensuring the economic security of Muslim women who have been illegally divorced through triple talaq. It provides them with a legal recourse to seek maintenance and subsistence allowance, and emphasizes the importance of providing adequate remedies to women from economic deprivation that may result from marital discord.

Historical Context:

The practice of triple talaq, also known as instant triple talaq, has been a contentious issue in India for many years. In 2017, the Supreme Court of India declared it unconstitutional and banned the practice. However, the Muslim Women (Protection of Rights on Marriage) Act 2019 was passed to provide for subsistence allowance to women who have been subjected to triple talaq. The Act was seen as a step towards protecting the rights of Muslim women, but it was criticized for being inadequate and not providing sufficient relief to women who had been illegally divorced.

The Supreme Court’s ruling in the case of Mohd Abdul Samad v. The State of Telangana & Anr. is a significant development in this context. It provides Muslim women who have been illegally divorced through triple talaq with a legal recourse to seek maintenance and subsistence allowance under Section 125 of the Code of Criminal Procedure (CrPC). This ruling is a step towards ensuring the economic security of Muslim women and providing them with adequate remedies to deal with the consequences of marital discord.

Summary in Bullet Points:

• The Supreme Court has ruled that Muslim women who have been illegally divorced through triple talaq can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC).
• The court has emphasized the rights of women who have been illegally divorced and stated that they can seek remedy under Section 125 CrPC in addition to the remedy provided under the Muslim Women (Protection of Rights on Marriage) Act 2019.
• Muslim women who got married under the Special Marriage Act 1954 are entitled to invoke Section 125 CrPC.
• Section 125 of the CrPC applies to all married women, including Muslim married women, and all non-Muslim divorced women.
• For divorced Muslim women, Section 125 of the CrPC applies to those married and divorced under the Special Marriage Act, in addition to remedies available under the Special Marriage Act.
• Muslim divorced women have the option to seek remedy under either Section 125 CrPC or the provisions of the 1986 Act, or both.
• If a divorced Muslim woman seeks maintenance under Section 125 CrPC, any order passed under the provisions of the 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC.
• In case of an illegal divorce under the provisions of the 2019 Act, a Muslim woman can seek relief under Section 5 of the Act or under Section 125 CrPC.
• The provisions of the 2019 Act provide remedy in addition to and not in derogation of Section 125 CrPC.