7. In order to buttress his point, Mr. Kalita has relied upon a judgment of Hon’ble Bombay High Court that was delivered in Karim Abdul Rahman Shaikh v. Shehnaz Karim Shaikh, reported in 2000 0 Supreme (Bom) 845. The Hon’ble Bombay High Court had held that after the commencement of the Act of 1986, a Muslim divorced wife cannot apply for maintenance under the provisions of Section 125 of the CrPC. The divorced woman can file a petition under Section 125 of the CrPC if there is an agreement to that effect with her former husband.

8. I have considered the submissions made by the learned counsel of both sides.

9. In Mohd. Abdul Samad v. State of Telangana, (2025) 2 SCC 49, the Hon’ble Supreme Court has held as under –

“O C [Ed. : Signed by both Hon'ble Judges]

RDER OF THE OURT

115. What emerges from our separate but concurring judgments are the following conclusions:

115.1. Section 125 CrPC applies to all married women including Muslim married women.

115.2. Section 125 CrPC applies to all non-Muslim divorced women.

115.3. Insofar as divorced Muslim women are concerned, 115.3.1. Section 125 CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition t