maintenance rights of Muslim women

Supreme Court’s Ruling: Maintenance Rights for Muslim Women Post Triple Talaq

The Supreme Court of India recently delivered a landmark judgment affirming the maintenance rights of Muslim women who are illegally divorced through triple talaq. This decision, based on the interpretation of Section 125 of the Criminal Procedure Code (CrPC), underscores the legal protections available to Muslim women, even in cases of illegal divorce practices. By addressing the nuances of the judgment, this analysis aims to shed light on the implications for Muslim women, the legal framework surrounding triple talaq, and the broader impact on gender justice in India.

Overview of the Judgment

The Supreme Court’s ruling addresses the maintenance rights of Muslim women who have been illegally divorced through the practice of triple talaq. The Court clarified that these women are entitled to seek maintenance under Section 125 CrPC, a provision that applies universally irrespective of religion. This judgment reinforces the stance that the protection of women’s rights transcends personal laws, emphasizing legal remedies available under the Criminal Procedure Code and the Muslim Women (Protection of Rights on Marriage) Act, 2019.

The practice of triple talaq, where a Muslim man can unilaterally divorce his wife by uttering “talaq” three times, has been a contentious issue in India. In 2017, the Supreme Court declared triple talaq unconstitutional, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This Act made triple talaq illegal and void, and provided legal recourse for affected women. Despite this, issues regarding maintenance and support for women divorced through this practice persisted, necessitating further judicial clarification.

Key Takeaways from the Judgment

Applicability of Section 125 CrPC

The Supreme Court reaffirmed that Section 125 CrPC applies to all women, regardless of religion, who seek maintenance from their husbands. This section ensures that women who are unable to maintain themselves are provided with financial support, emphasizing the non-discriminatory nature of this provision.

Remedies under the 2019 Act

The Court highlighted that the Muslim Women (Protection of Rights on Marriage) Act, 2019, offers additional remedies for women divorced through triple talaq. These remedies include maintenance, custody of children, and protection against domestic violence, thereby providing a comprehensive legal framework for their protection.

Special Marriage Act Considerations

The judgment also noted that Muslim women married under the Special Marriage Act, 1954, can seek maintenance under this Act. This ensures that women have multiple avenues to claim maintenance, enhancing their legal protections.

Implications for Muslim Women

The Supreme Court’s judgment significantly strengthens the legal position of Muslim women who have been subjected to the illegal practice of triple talaq. By affirming their right to seek maintenance under Section 125 CrPC, the judgment ensures financial security and reinforces gender equality. This ruling provides Muslim women with robust legal avenues to claim their rights, fostering a more equitable and just society. Additionally, it sends a clear message against discriminatory practices, encouraging legal reforms and greater societal awareness.

Development of the Law on Maintenance Rights for Muslim Women

The legal landscape regarding maintenance rights for Muslim women in India has evolved significantly through various landmark judgments. The foundation was laid by the Shah Bano Case (1985), where the Supreme Court ruled that Muslim women are entitled to maintenance under Section 125 CrPC, irrespective of personal laws. This judgment emphasized that the provision for maintenance is a secular measure, applicable to all women, ensuring their financial security post-divorce. However, the decision faced backlash from conservative Muslim factions, leading to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which aimed to dilute the Supreme Court’s ruling.

Subsequently, the Danial Latifi Case (2001) reaffirmed the Shah Bano verdict, upholding the constitutional validity of the 1986 Act while ensuring that divorced Muslim women receive a reasonable and fair provision for their future. The court clarified that the maintenance amount should be sufficient to support the woman for her entire life unless she remarries.

The Iqbal Bano Case (2007) further strengthened these rights by ruling that even if a Muslim woman is divorced through triple talaq, she is entitled to maintenance during the iddat period and beyond, under Section 125 CrPC. The court reiterated that triple talaq does not absolve a husband of his duty to provide for his wife.

In Shabana Bano Case (2010), the Supreme Court held that Muslim women can seek maintenance under Section 125 CrPC even after the iddat period, ensuring continuous support. This judgment reinforced the principle that statutory rights under CrPC take precedence over personal laws.

These judgments collectively underscore the judiciary’s commitment to upholding the maintenance rights of Muslim women, ensuring their protection and financial independence, and setting a precedent for future cases​ (Legal Service India)​​ (Legal Vidhiya -)​.

Case Analysis: Mohd Abdul Samad v. The State of Telangana

In the landmark case of Mohd Abdul Samad v. The State of Telangana, the Supreme Court dealt with the issue of maintenance for a Muslim woman divorced through triple talaq. The petitioner, Mohd Abdul Samad, argued that his ex-wife was not entitled to maintenance under Section 125 CrPC, as their divorce was in accordance with Muslim personal law. However, the Court rejected this argument, emphasizing that the unconstitutional nature of triple talaq nullifies such divorces, thereby entitling the woman to seek maintenance.

Facts of the Case

The case arose when the petitioner unilaterally divorced his wife through triple talaq and subsequently refused to provide her maintenance. The respondent approached the courts under Section 125 CrPC, seeking financial support. The lower courts ruled in her favor, leading to the petitioner’s appeal to the Supreme Court.

The petitioner contended that as per Muslim personal law, his ex-wife was not entitled to maintenance post-divorce. The respondent argued that the triple talaq was illegal and void, and under Section 125 CrPC, she was entitled to maintenance regardless of personal laws.

Supreme Court’s Reasoning

The Supreme Court reiterated that Section 125 CrPC is a secular provision designed to prevent destitution and ensure financial support for divorced women. It held that the practice of triple talaq, being unconstitutional, cannot deprive women of their right to maintenance. The judgment further emphasized that personal laws cannot override statutory rights under the CrPC.


The Court upheld the lower courts’ rulings, affirming the respondent’s right to maintenance under Section 125 CrPC. It reinforced that Muslim women divorced through triple talaq are entitled to seek maintenance, promoting gender equality and financial security.


The Supreme Court’s landmark judgment on the maintenance rights of Muslim women divorced through triple talaq represents a significant step towards ensuring gender justice and financial security. By affirming the applicability of Section 125 CrPC, the Court has reinforced that personal laws cannot override statutory protections. This ruling not only provides immediate relief to affected women but also sets a precedent for future cases, promoting equality and legal consistency.

At Vera Causa Legal, we stand committed to advocating for women’s rights and providing comprehensive legal support to ensure justice and equality for all.

To read the judgement click here

Written by-  Advocate Shubham Saket

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