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

New Delhi: The Supreme Court ruled on Wednesday 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, irrespective of their religion. A bench of Justice BV Nagarathna and Justice Augustine George Masih clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not be given preference over secular law.

The bench stressed that maintenance is not a donation 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 preference over the secular and religion neutral provision of Section 125 of CrPC. Amidst this decision, some people may be wondering that when three new criminal laws have come into force from July 1, then why did the court mention Section 125 of CrPC.

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 The British era Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEC) have been replaced by the Indian Justice Code (BNS), Indian Civil Protection Code (BNSS) and Indian Evidence Code (BSS).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