ValkyaEditorial

Tagged “section-144-bnss”

1 article on section-144-bnss.

Landmark JudgmentSupreme Court of India

Mohd Abdul Samad v. State of Telangana: divorced Muslim women, Section 125 CrPC, and the restoration of Shah Bano

On 10 July 2024, a two-judge bench of Justices B.V. Nagarathna and Augustine George Masih held that a divorced Muslim woman is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the BNSS, 2023) against her husband, and that the Muslim Women (Protection of Rights on Divorce) Act, 1986 operates in addition to — not in derogation of — that secular maintenance right. The judgment is the most consequential restoration of the Shah Bano line in the post-1986 period.

Valkya Editorial··8 min