Neetesh Kumar
Divorced Muslim Women Rule
On 10th July, the Supreme Court had given a big decision in favor of Muslim women in which it had said that divorced Muslim women, like other religions, also have the right to claim alimony under Section 125.
What is Section 125?
On 10th July, the Supreme Court has issued Section 125 of CrPC for Muslim women. This means that she is entitled to get alimony from her ex-husband. This issue of alimony was also raised in the Shah Bano case on 23rd April 1985.
This decision was given by a bench of Justice Nagarathna and Justice George Masih. Both the judges in their decisions ordered that under Section 125, a divorced Muslim woman can give an application to get alimony from her ex-husband. Earlier, this was valid in all other religions but now it has become valid for Muslim religion also that such women can also get alimony from their ex-husband.
Important things to take advantage of Section 125
If the marriage and divorce of a Muslim woman is done according to Muslim law, then she can take advantage of Section 125 under which a Muslim woman can file a petition to get alimony, and if her marriage and divorce is done under the Special Marriage Act, then along with Section 125, the provisions of the 1986 law will also be applicable.
Judge Justice Masih said that like women of other religions, women of Muslim religion also have the right to get alimony under Section 125 and if they fulfill all the conditions of that section, then their petition will be accepted.
Section 125 means that if a person is separated from his children, parents and wife, then he cannot refuse to give them alimony. If his wife and parents are unable to bear their expenses, then the man will have to pay them alimony every month. The amount of alimony will be decided by the magistrate. The wife will get alimony only when she herself divorces him or her husband divorces her. She will get this alimony until she marries someone else. If the woman is living with another man after divorcing her husband, then she will not be eligible for alimony.
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