The Supreme Court has agreed to consider whether a divorced Muslim woman can file a petition for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) against her husband.

For the said purpose, the bench appointed Senior Advocate Gaurav Agarwal as the amicus curiae in the matter.

A bench of Justice B.V. Nagarathna and Justice Augustine George Masih thus observed, “We find that this Court would be benefited by having the views of an Amicus Curiae, being appointed in the matter. Hence, we request Shri Gaurav Agarwal, learned senior counsel to be appointed as Amicus Curiae in this case”.

Senior Advocate S. Wasim A Qadri appeared for the petitioner.

It was submitted by the petitioner that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the aforesaid 1986 Act.

It was also submitted that the 1986 Act is more beneficial to Muslim women as compared to Section 125 of the CrPC.

In the present matter, a criminal petition was filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the order passed by the Judge, II Additional Family Court-cum-XV Additional Metropolitan Sessions Judge granting interim maintenance of Rs.20,000/- per month to the wife.

The petitioner-husband had argued that the Court did not consider the fact that the divorce certificate was issued in 2017, which was in accordance with the personal laws of the petitioner. It was further argued that it was a valid divorce and the wife is not entitled for maintenance on account of the divorce.

However, the High Court in the impugned order had observed, “Keeping in view that there are several questions of facts and law regarding the maintenance to be granted in the background of the claim of the husband regarding divorce, this Court deems it appropriate to direct the petitioner/husband to pay an amount of Rs.10,000/- per month towards interim maintenance from the date of petition and 50% of the arrears of maintenance shall be paid on or before 24.01.2024. Further, the remaining 50% of the arrears shall be paid by 13.03.2024”.


Petitioner: Advocate Saeed Qadri, Saahil Gupta, Deepak Bhati, Shivendra Singh, AOR Udita Singh

Cause Title: Mohd Abdul Samad v. The State Of Telangana & Anr.

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