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Supreme Court of India · 2024

Mohd. Abdul Samad v. State of Telangana

Mohd. Abdul Samad v. State of Telangana is a 2024 decision of the Supreme Court awarding Rs 10,000 a month.

2024 INSC 506Supreme Court of India2024Section 125 CrPC

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Awarded

Rs 10,000a month

Award type

Monthly

Marriage lasted

4 years

Claimed under

Section 125 CrPC

Outcome

Granted

What the court was looking at

The marriage had run 4 years by the time it reached court, which puts it in the 3 to 7 years bracket.

What the court held

The holdingA divorced Muslim woman may seek maintenance under Section 125 CrPC. The Muslim Women (Protection of Rights on Divorce) Act 1986 provides an additional remedy and does not displace the general one.

Why it is still cited

It closed an argument that had run since 1986 about whether the 1986 Act was exclusive. It is not. Both routes are open, and a claimant may choose.

How it gets misread

Read it with thisIt does not make the two routes identical. Section 3 of the 1986 Act contemplates a lump provision arranged during iddat, while Section 125 produces a monthly order with much sharper enforcement behind it.

Why this one gets cited

Muslim divorced women can claim Section 125.

How it fits the framework

Since Rajnesh v. Neha in 2020, every maintenance order in India is meant to work through the same list of factors: the standard of living the marriage ran at, what the applicant reasonably needs, whether she is qualified and earning, and whether she gave up work for the family. A judgement from 2024 was decided before that list was written down, but the reasoning behind it is the reasoning courts had been applying for decades. There is a fuller account in how maintenance is calculated.

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Judgements near this one

Ranked by court, then by income bracket and marriage length rather than by date, so the comparison is with cases a court would actually treat as similar. Every row links to its own page.

CaseCourtYearAwardedClaimed underOutcome
Rajnesh v. Neha & Anr.Supreme Court of India2020Rs 15,000Rs 19,452 in today's moneySection 125 CrPCGranted
Shamima Farooqui v. Shahid KhanSupreme Court of India2015Rs 4,000Rs 6,649 in today's moneySection 125 CrPCGranted
Kiran Jyot Maini v. Anish Pramod PatelSupreme Court of India2024Rs 2,00,00,000Article 142Granted
Parvin Kumar Jain v. Anju JainSupreme Court of India2024Rs 5,00,00,000Section 25 HMAGranted
Rinku Baheti v. Sandesh Sharda (Rs 12 Cr)Supreme Court of India2024Rs 12,00,00,000Article 142Granted

Sources

This page summarises a reported judgement for general information. It is not legal advice and it is not a substitute for reading the judgement itself or speaking to a lawyer about your own facts.

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