Divorced Muslim Women Liable to Get Maintenance: Supreme Court
In a landmark judgment, the Supreme Court of India ordered to provide of maintenance to divorced muslim women under Section 125 CrPC
Image Credits: The Economic Times
On July 10, the bench of Justices BV Nagarathna and AG Masih dismissed the petition filed in the Supreme Court by Mohd. Abdul Samad. He challenged the Telangana High Court, arguing that it had been unable to consider the provisions of the Muslim Women Act 1986. It is a Special Act and would overrule the provision of Section 125 CrPC, which is a general Act. The Supreme Court ordered Samad to provide maintenance of Rs. 20 thousand per month to his divorced wife. Irrespective of other rights created in support of women under any other law, Section 125 of CrPC cannot be diluted or opposed by the 1986 Act.
Section 125 of the Code of Criminal Procedure (CrPC) 1973 orders the man to provide maintenance for the wife, parents, and children if they cannot maintain themselves. After divorce, the husband is obliged to provide the same living standard to the wife and children as they enjoyed before. The husband needs to provide food, lodging, and any other necessary things for leading a dignified life.
Justice Nagarathna said, “If Section 125 of the CrPC is excluded from its application to a divorced Muslim woman, it would be in violation of Article 15(1) of the Constitution of India, which states that the State shall not discriminate against any citizen only on the ground of religion, race, caste, sex, place of birth, or any of them.”
The court highlighted that maintenance must not be viewed “as a mere charity” and is a matter of “parity and rights, essential for women.”
That means it is the responsibility of the husband to provide shelter and financial support to his wife if she is not capable of doing so. If the husband denies or neglects to provide alimony, then the wife has the right to file a petition and seek legal remedy.
This landmark judgment is a great leap from the Shah Bano case of 1985. It created a conflict between Muslim personal law and the Indian constitution. The 62-year-old Shah Bano Begum sought justice and demanded 500 rupees monthly as alimony from her lawyer husband, Mohd. Ahmed Khan. The court ruled the judgment in favor of Bano but was challenged by her husband. He repealed the argument that in Muslim personal law, a man is obligated to pay alimony till the idaah period (a three-month period after divorce), and the Indian justice system cannot interfere in Muslim laws.
On April 23rd, 1985, a remarkable judgment was made based on Section 125 CrPC. The bench dismissed the appeal of Bano’s husband and agreed with the High Court’s decision with the help of a bench consisting of five judges: Chief Justice Chandrachud, Rangnath Misra, D. A. Desai, O. Chinnappa Reddy, and E. S. Venkataramiah. The judgment initiated a nationwide controversy.
The case created significant resistance and rage by Muslim leaders towards then Prime Minister Rajiv Gandhi. This controversy resulted in the enactment of the 1986 Muslim Women (Protection of Rights on Divorce) Act. The decision overturned the Supreme Court’s judgment. It was seen as an act of reconciliation with minorities and was highly criticized by minority activists and the opposition.
The recent judgment ignited a ray of hope for Muslim women. Zakia Soman, a founding member of Bhartiya Muslim Mahila Andolan, said, “There are a large number of people within the community who welcome this judgment.” Vice President Dhankhar said, “The assistance has to be equitable, uniform for all, irrespective of their religion. That’s a big step.”
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