In a judgment of far-reaching implications, the Supreme Court on Wednesday ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the “religion neutral” provision is applicable to all married women irrespective of their religion. The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said while stressing that maintenance is not charity but the right of all married women.

“We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women...,” Justice Nagarathna said while pronouncing the verdict. “The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion-neutral provision of Section 125 of CrPC,” the bench said. The two judges gave separate but concurring verdicts.