In a historic verdict on the right to maintenance, the Supreme Court of India held that divorced Muslim women are entitled to claim alimony under Section 125 of the Criminal Procedure Code (CrPC). This applies irrespective of personal law provisions.
- Justice B.V. Nagarathna emphasized that Section 125 CrPC is a secular safeguard and cannot be overridden by religious laws.
- The ruling clarifies that the 1986 Muslim Women (Protection of Rights on Divorce) Act provides additional rights during the iddat period, not a replacement for Section 125.
- The Court reaffirmed that the right to maintenance is a constitutional guarantee, ensuring equality and dignity for divorced Muslim women.
Section 125 CrPC: A Secular Law for Maintenance
The right to maintenance under Section 125 of CrPC is a universal entitlement, ensuring support for those unable to maintain themselves.
Key Provisions:
- It applies to wives (including divorced women), children, and parents who are neglected or refused maintenance by a person with sufficient means.
- The term “wife” explicitly includes divorced women who have not remarried.
- Magistrates can order monthly allowances at their discretion.
This ensures that personal laws cannot dilute or negate the basic right to maintenance provided under this provision.
Muslim Women (Protection of Rights on Divorce) Act, 1986 – Scope and Limitations
The MWPRD Act, 1986, enacted post the Shah Bano case, aimed to preserve Muslim personal laws, but was seen as a rollback of progressive rights granted under CrPC.
Highlights:
- Provides maintenance during the iddat period.
- If a woman can’t support herself post-iddat, her heirs or the State Wakf Board must maintain her.
- Entitles her to mehr, gifts, and property given before or during marriage.
- Also covers maintenance of children up to 2 years of age.
However, the recent SC verdict affirms that Section 125 CrPC prevails when a woman opts for it, thus strengthening the right to maintenance framework.
Supreme Court on Key Precedents and Legal Clarity
Shah Bano Case (1985)
- Shah Bano was denied post-divorce maintenance by her husband.
- The Supreme Court upheld her right under Section 125 CrPC, stating it transcends religious boundaries.
- The ruling was nullified legislatively through the 1986 MWPRD Act.
Danial Latifi Case (2001)
- The Court upheld the constitutional validity of the 1986 Act but interpreted it progressively.
- Held that “fair and reasonable provision” should be paid within the iddat period to cover future maintenance.
Patna High Court Ruling (2009)
- Affirmed that Muslim women can claim maintenance under CrPC, reinforcing the idea of legal choice.
The Current Case: Abdul Samad vs. Former Wife
- The case arose from a Telangana family court’s order asking Abdul Samad to pay ₹20,000 monthly maintenance.
- He challenged this under the 1986 Act, arguing that it excludes Muslim women from Section 125 CrPC.
- The Supreme Court rejected this argument, reiterating that divorced Muslim women are entitled to CrPC maintenance.
Triple Talaq and Maintenance Rights
The Muslim Women (Protection of Rights on Marriage) Act, 2019 has criminalized instant triple talaq, making it void and illegal.
Key Implications:
- Triple talaq is now a cognizable offence with up to 3 years’ imprisonment.
- Affected women are entitled to:
- Subsistence allowance for themselves and dependent children.
- Custody of minor children as per the Magistrate’s discretion.
The Act complements the broader legal framework protecting the right to maintenance post-divorce.
Right to Maintenance: Legal, Social & Constitutional Significance
- Legal: Reinforces that personal laws can’t override CrPC, ensuring uniformity of basic civil rights.
- Social: Protects economically dependent women, especially homemakers, from destitution post-divorce.
- Constitutional: Upholds Articles 14 (equality) and 15 (non-discrimination) by allowing equal access to justice, irrespective of religion.
Conclusion
The Supreme Court’s 2024 ruling is a significant step forward in affirming the right to maintenance for divorced Muslim women under Section 125 CrPC. It marks a turning point in aligning personal laws with constitutional morality and ensuring that no woman is left financially vulnerable after divorce due to religious technicalities.
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