Muslim lawMaintenanceAllahabad High Court

Safiya Sultana v State of UP

2021 SCC OnLine All 65520211 min read
The case in brief30-second read
Facts
Safiya Sultana filed under S.125 CrPC before the Magistrate. A parallel personal law suit for restitution was pending. Her husband argued that S.125 was unavailable because the personal law proceeding was adequate.
Issue
Whether S.125 CrPC (now S.144 BNSS) is available to a Muslim wife where a parallel personal law proceeding is pending.
Held
S.125 CrPC is a secular remedy directed at preventing destitution and is available irrespective of personal law proceedings. The two remedies serve different purposes and are concurrent.
Principle
S.125 CrPC (now S.144 BNSS) is a secular remedy available to a Muslim wife irrespective of a pending personal law proceeding; the two are concurrent and there is no bar on cumulation.
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Facts

  • Safiya Sultana filed under S.125 CrPC before the Magistrate. A parallel personal law suit for restitution was pending. Her husband argued that S.125 was unavailable because the personal law proceeding was adequate.

Issue

  1. Whether S.125 CrPC (now S.144 BNSS) is available to a Muslim wife where a parallel personal law proceeding is pending.

Held

  • S.125 CrPC is a secular remedy directed at preventing destitution and is available irrespective of personal law proceedings. The two remedies serve different purposes and are concurrent.

Ratio decidendi

(1) S.125 is a secular remedy of general application, not a personal law remedy. (2) A pending personal law suit does not bar or suspend it. (3) The principle of Molly Joseph v George Sebastian (1996) applies to Muslim wives equally.

Exam use

How to use it in an answer

  • Cite for cumulation of S.125/S.144 BNSS with Muslim personal law proceedings
  • Reinforces the universal application of the secular maintenance remedy
  • Pair with Molly Joseph for a cross-religion cumulation argument

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Citation

Safiya Sultana v State of UP 2021 SCC OnLine All 655

Reported: 2021 SCC OnLine All 655. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.