Maintenance Rights Upheld for Divorced Muslim Women
The Supreme Court of India has ruled that divorced Muslim women are entitled to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC), which applies to all married women regardless of their religion. This ruling clarifies that the rights provided under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRD Act), do not exclude divorced Muslim women from seeking maintenance under Section 125 of the CrPC.
Case Overview
The case involved petitioner Mohd Abdul Samad, who challenged a 2017 family court order directing him to pay Rs 10,000 per month as maintenance to his divorced wife. The Telangana High Court upheld the family court’s decision. Abdul Samad argued that the MWPRD Act precludes a divorced Muslim woman from claiming benefits under Section 125 of the CrPC. However, the Supreme Court bench, comprising Justices BV Nagarathna and Augustine George Masih, dismissed this contention and affirmed the divorced Muslim woman’s right to maintenance under the general law.
Key Points from the Judgment
• Section 125 CrPC: This section places an obligation on any person with sufficient means to maintain his wife or legitimate/illegitimate minor child if they cannot maintain themselves. The term “wife” includes a divorced woman who has not remarried.
• Constitutional Philosophy: Justice Nagarathna highlighted that Section 125 CrPC is a social justice measure embedded in the Constitution. It serves as a critical source of support for destitute and deprived women, aiming to liberate them from gender-based discrimination.
• Applicability:
• Section 125 CrPC applies to all married and divorced women, including Muslims.
• Divorced Muslim women can seek maintenance under both Section 125 CrPC and the MWPRD Act.
• The 1986 Act is not in derogation but in addition to Section 125 CrPC. Orders under the MWPRD Act can be considered when determining maintenance under Section 125 CrPC.
• Triple Talaq: Justice Nagarathna clarified that Muslim women divorced through the illegal method of triple talaq are also entitled to claim maintenance under Section 125 CrPC. Triple talaq has been declared void and criminalized by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Historical Context: Shah Bano Case
The ruling draws parallels to the landmark Shah Bano case, where the Supreme Court upheld a divorced Muslim woman’s right to maintenance under Section 125 CrPC. The case led to the enactment of the MWPRD Act, which initially seemed to override the Shah Bano verdict. However, the current judgment reaffirms that divorced Muslim women can seek maintenance under both laws.
This ruling reinforces the rights of divorced Muslim women to seek maintenance and underscores the commitment to social justice and gender equality within the legal framework of India.
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