The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws.
On February 19, a bench comprising Justices BV Nagarathna and Augustine George Masih reserved its verdict in the case.
The dispute arose after a Muslim man challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former wife. He contended that maintenance in this case will instead be governed by the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act). Earlier, the court had appointed senior advocate Gaurav Agrawal as amicus curiae to assist in the matter.