Maintenance Rights of Divorced Muslim Women: Supreme Court to Reconcile Secular Law and Personal Law
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The Supreme Court has reserved its verdict on whether divorced Muslim women can claim maintenance under the secular Section 125 of the CrPC. The case explores the tension between the Muslim Women (Protection of Rights on Divorce) Act, 1986, and the constitutional principles of gender justice and equality.
The Supreme Court of India has reserved its judgment on a significant legal question: whether a divorced Muslim woman is entitled to seek maintenance from her former husband under Section 125 of the Code of Criminal Procedure (CrPC). This secular provision allows wives, children, and parents to claim maintenance to prevent destitution and vagrancy. The bench, comprising Justices B.V. Nagarathna and Augustine George Masih, is examining whether the Muslim Women (Protection of Rights on Divorce) Act, 1986, acts as a bar to such claims.
The 1986 Act was enacted by the Parliament following the landmark Shah Bano judgment (1985), which had upheld the right of Muslim women to claim maintenance under the CrPC. The 1986 Act was widely seen as an attempt to restrict the husband's liability to the 'iddat' period. However, in the Danial Latifi v. Union of India (2001) case, the Supreme Court interpreted the 1986 Act to mean that while the payment must be made within the iddat period, it must be sufficient to provide for the woman's entire life.
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