In a landmark judgment on July 10, 2024, the Supreme Court of India has upheld the right of divorced Muslim women to seek maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973. This ruling reaffirms that the secular provisions of CrPC 125 are applicable to all women, irrespective of their religion or personal law.
The verdict was delivered by a bench comprising Justices B.V. Nagarathna and Augustine George Masih, who dismissed an appeal filed by a Muslim man challenging a Telangana High Court order granting maintenance to his divorced wife.
Key Points of the Judgment:
Section 125 of CrPC is applicable to all women, including divorced Muslim women: The Court held that Section 125 of CrPC is a "religion-neutral" provision that applies to all married and divorced women, regardless of their personal law. This means that divorced Muslim women have the right to seek maintenance from their former husbands under this law.
Muslim Women (Protection of Rights on Divorce) Act, 1986 does not bar maintenance under CrPC 125: The Court clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986, which provides for maintenance to divorced Muslim women under Islamic law, does not bar them from seeking maintenance under CrPC 125. This means that divorced Muslim women can avail themselves of both remedies.
Maintenance rights continue even after iddat period: The Court reiterated that a divorced Muslim woman's right to maintenance under CrPC 125 continues even after the completion of the iddat period (the period of waiting after divorce during which reconciliation is encouraged in Islam). This is in line with the Court's earlier rulings in Shabana Bano v. Imran Khan (2010) and Khatoon Nisa v. State of Uttar Pradesh and Others (2014).
Significance of the Judgment:
This landmark judgment is a significant step towards ensuring gender equality and justice for divorced Muslim women in India. It reinforces the principle that all women, regardless of their religion or personal law, are entitled to basic financial support from their former husbands. The judgment also strengthens the protection of women's rights in the context of divorce and personal laws.
Background:
The case stems from a petition filed by a divorced Muslim woman in Hyderabad seeking maintenance under CrPC 125. Her husband challenged the order, arguing that she was not entitled to maintenance under CrPC 125 as she could seek maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Telangana High Court upheld the woman's right to maintenance under CrPC 125, prompting the husband to appeal to the Supreme Court.
The Supreme Court's judgment in this case has been widely welcomed by women's rights activists and legal experts, who see it as a victory for gender equality and justice. It is expected to have a far-reaching impact on the lives of divorced Muslim women in India, ensuring that they have access to financial support and protection under the law.
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