LexMOHD. ABDUL SAMAD versus THE STATE OF TELANGANA & ANR.
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[2024] 7 S.C.R. 1236 : 2024 INSC 506 Mohd. Abdul Samad v. The State of Telangana & Anr. (Criminal Appeal No. 2842 of 2024) 10 July 2024 [B.V. Nagarathna* and Augustine George Masih,* JJ.] Issue for Consideration (i) Whether section 125 CrPC applies to all married women including Muslim married women; (ii) Whether section 125 CrPC applies to all non-Muslim divorced women; (iii) Whether section 125 of the CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act; (iv) If Muslim women are married and divorced under Muslim law, whether Section 125 of the CrPC as well as the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 are applicable; (v) If Section 125 of the CrPC is also resorted to by a divorced Muslim woman, as per the definition under the 1986 Act, whether any order passed under the provisions of 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC; (vi) In case of an illegal divorce as per the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, whether relief under Section 5 of the said Act could be availed for seeking subsistence allowance or, at the option of such a Muslim woman, remedy under Section 125 of the CrPC could also be availed; (vii) In case of an illegal divorce as per the provisions of the 2019 Act, during the pendency of a petition filed under section 125 of the CrPC, if a Muslim is ‘divorced’ whether she can take recourse under Section 125 of the CrPC or file a petition under the 2019 Act; (viii) Whether the provisions of the 2019 Act provide remedy in addition to or in derogation of Section 125 of the CrPC. Headnotes† Code of Criminal Procedure, 1973 – s.125 – Whether section 125 CrPC applies to all married women including Muslim married women: * Author [2024] 7 S.C.R. 1237 Mohd. Abdul Samad v. The State of Telangana & Anr. Held: Yes – Section 125 of the CrPC applies to all married women including Muslim married women. [Per Court] Code of Criminal Procedure, 1973 – s.125 – Whether section 125 CrPC applies to all non-Muslim divorced women: Held: Yes – Section 125 of the CrPC applies to all non-Muslim divorced women. [Per Court] Code of Criminal Procedure, 1973 – s.125 – Whether section 125 of the CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act: Held: Yes – Insofar as divorced Muslim women are concerned, Section 125 of the CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act. [Per Court] Code of Criminal Procedure, 1973 – s.125 – Muslim Women (Protection of Rights on Divorce) Act, 1986 – If Muslim women are married and divorced under Muslim law, whether Section 125 of the CrPC as well as the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 are applicable: Held: If Muslim women are married and divorced under Muslim law then Section 125 of the CrPC as well as the provisions of the 1986 Act are applicable – Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws – This is because the 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the said provision. [Per Court] Code of Criminal Procedure, 1973 – s.125 – Muslim Women (Protection of Rights on Divorce) Act, 1986 – s.127(3)(b) – If Section 125 of the CrPC is also resorted to by a divorced Muslim woman, as per the definition under the 1986 Act, whether any order passed under the provisions of 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC: Held: Yes – If Section 125 of the CrPC is also resorted to by a divorced Muslim woman, as per the definition under the 1986 Act, then any order passed under the provisions of 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC. [Per Court] Code of Criminal Procedure, 1973 – s.125 – Muslim Women (Protection of Rights on Divorce) Act, 1986 – In case of an 1238 [2024] 7 S.C.R. Digital Supreme Court Reports illegal divorce as per the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, whether relief under Section 5 of the said Act could be availed for seeking subsistence allowance or, at the option of s
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