SC judgment on the Muslim women’s right to maintenance

Syllabus: Government policies and Interventions/ Issues related to Minorities/ Issues related to Women/ Indian Society

Source: IE

Context: The recent Supreme Court judgment in “Mohd Abdul Samad vs The State of Telangana” has affirmed that the Muslim Women Act of 1986 does not override the rights of divorced Muslim women to claim maintenance under Section 125 of the CrPC.

What was the issue about?

A Muslim man challenged an order to pay maintenance to his divorced wife under Section 125 of the CrPC. He argued that the Muslim Women Act of 1986, which has special rules for maintenance, should override Section 125. He claimed that this Act gives Magistrates the authority to handle maintenance and other related issues, not family courts.

What does Section 125 of the CrPC say?

Section 125 of the CrPC mandates that a Magistrate can order a person with sufficient means to pay monthly maintenance to:

• His wife, if she cannot maintain herself.

• His minor child (legitimate or illegitimate) is unable to maintain itself.

• His adult children with physical or mental disabilities are unable to maintain themselves.

• His father or mother, if they cannot maintain themselves.

What is the Muslim Women (Protection of Rights on Divorce) Act, 1986?

It was enacted to safeguard the rights of Muslim women following the landmark Shah Bano case in 1985. This Act ensures that divorced Muslim women receive fair maintenance from their former husbands during the iddat period, typically about three months after divorce. It also addresses matters such as the payment of mahr (dower) and the return of properties received at the time of marriage.

Importantly, the Act allows divorced couples to choose to be governed by the provisions of Sections 125 to 128 of the CrPC, 1973, for maintenance, if they declare so jointly or separately at the first hearing of the application.

The 2009 Shabana Bano case reaffirmed that divorced Muslim women can claim maintenance under Section 125 of the CrPC even after the iddat period, as long as they do not remarry, highlighting the application of secular provisions regardless of religious affiliation.

What does the Supreme Court say?

SC affirmed Section 125 CrPC applies universally to all women, not just married ones, and Muslim women can seek maintenance under Section 125 CrPC despite the 1986 Act.

Significance of SC decision:

• Affirms equality: This decision underscores the Court’s commitment to ensuring equality and non-discrimination, particularly for divorced Muslim women seeking maintenance.

• Financial Empowerment: The Supreme Court stressed the importance of financial empowerment for women who lack independent income, distinguishing between economically active married women and those reliant on support for their personal expenses.

• Right to Maintainance: The Court affirmed that divorced Muslim women, including those divorced through triple talaq (which has been declared void and criminalized), retain the right to seek maintenance under Section 125 CrPC, reinforcing the principle of equitable treatment under Indian law.

It is important for women to have the right to maintenance:

• Financial Independence: Maintenance ensures women have financial support to meet their daily needs, especially if they lack independent income.

• Social Security: It provides a safety net for women, particularly in cases of divorce or separation, reducing vulnerability to poverty and homelessness.

• Equality and Rights: Maintenance rights uphold principles of gender equality, ensuring women have access to resources similar to men in similar circumstances.

• Legal Protection: It offers legal recourse for women facing economic hardship due to marital breakdown or abandonment.

• Child Welfare: Maintenance supports the well-being of children, ensuring they have adequate support from both parents.

• Dignity and Well-being: It promotes the dignity and well-being of women by recognizing their right to financial support irrespective of their marital status.

Insta Links:

• Insights into Editorial: Beyond talaq: On Muslim divorce bill

• Plea in SC against uniform civil law on divorce and alimony

Mains Link:

Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC 2020)

Prelims Link:

Q. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (UPSC 2019)

(a) Article 19 (b) Article 21 (c) Article 25 (d) Article 29

Ans: (b)