What emerges from our separate but concurring judgments are the following conclusions:
a) Section 125 of the CrPC applies to all married women including Muslim married women.
b) Section 125 of the CrPC applies to all non-Muslim divorced women.
c) Insofar as divorced Muslim women are concerned, –
i) 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.
ii) 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.
iii) 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.
d) The 1986 Act could be resorted to by a divorced Muslim woman, as defined under the said Act, by filing an application thereunder which could be disposed of in accordance with the said enactment.
e) In case of an illegal divorce as per the provisions of the 2019 Act then, i) 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. Page 3 of 3 ii) If during the pendency of a petition filed under Section 125 of the CrPC, a Muslim woman is ‘divorced’ then she can take recourse under Section 125 of the CrPC or file a petition under the 2019 Act. iii) The provisions of the 2019 Act provide remedy in addition to and not in derogation of Section 125 of the CrPC.
f) The criminal appeal is dismissed.
Party
Mohd. Abdul Samad … Appellant versus State Of Telangana & Another … Respondents, Criminal Appellate Jurisdiction Criminal Appeal No. 2842 Of 2024 (Arising Out Of Special Leave Petition (Crl.) No.1614 Of 2024)-Dated On 10th July 2024
https://webapi.sci.gov.in/supremecourt/2024/3533/3533_2024_11_1501_53688_Judgement_10-Jul-2024.pdf
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