The new law came into force from July 1, then why did the Supreme Court talk about CrPC in the Muslim Women Maintenance Act case?

Ananya Shroff
2 Min Read


New Delhi: The Supreme Court on Wednesday ruled that a Muslim woman is entitled to receive alimony from her husband under Section 125 of the Code of Criminal Procedure (CrPC). The Supreme Court also said that this secular and religion-neutral provision of the CrPC applies to all married women, regardless of their religion. A bench of Justices BV Nagarathna and Augustine George Masih clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not be given precedence over secular law.

The bench stressed that alimony is not a charity but a right of every married woman and all married women are entitled to it, irrespective of their religion. It also said that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not be given precedence over the secular and religion neutral provision of Section 125 of the CrPC. Amidst this decision, some people might be wondering that when three new criminal laws have come into force from July 1, then why did the court refer to Section 125 of the CrPC.

Three new criminal laws have come into force across the country from July 1. The British-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEC) have been replaced by the Indian Justice Code (BNS), Indian Civil Protection Code (BNSS) and Indian Evidence Code (BSS). However, the new laws will apply only to those cases that have been registered after the laws came into force. Since the Muslim woman's maintenance case was registered before July 1, according to the provision, everything from her hearing to punishment will be done under the old laws.


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