Supreme Court’s Decision on Maintenance for Divorced Muslim Women

Source- This post on the Supreme Court’s Decision on Maintenance for Divorced Muslim Women has been created based on the article “Decoding Supreme Court’s verdict on divorced Muslim women’s right to maintenance under Section 125 CrPC “ published in “The Hindu” on 11 July 2024.

About Supreme Court’s Decision on Maintenance for Divorced Muslim Women

1. Legal Entitlement to Maintenance:

i)  The Supreme Court affirmed that all married and divorced women, including those divorced under “triple talaq”, are entitled to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).

ii)  This entitlement exists irrespective of personal laws and is a measure for social justice to prevent destitution.

2. Relationship with the Muslim Women (Protection of Rights on Divorce) Act, 1986:

i) Complementary Rights: The rights provided under the 1986 Act do not override the right to claim maintenance under Section 125 CrPC. Both sets of rights can be invoked independently.

ii) Constitutional Validity: Upheld the constitutional validity of both Section 125 CrPC and the 1986 Act, ensuring that Muslim women are not deprived of their rights under either law.

3. Constitutional Principles Upheld:

i) Non-discrimination: Emphasized that denying maintenance under Section 125 CrPC to divorced Muslim women would violate Article 15(1) of the Constitution, which prohibits discrimination on grounds of religion.

ii) Social Justice: Maintenance under Section 125 CrPC is seen as critical for ensuring a life of dignity for women, regardless of their marital status or religious background.

4. Scope and Application:

i) Timing of Claim: It was clarified that the right to maintenance under Section 125 CrPC can be claimed even during the subsistence of marriage and is not contingent upon divorce.

ii) Wide Application: It applies to all women who are unable to maintain themselves, including divorced Muslim women who may face financial hardship post-divorce.

5. Judicial Interpretation and Legislative Intent:

i) Harmonization of Laws: The Court interpreted the provisions of both laws (CrPC and 1986 Act) in a manner that ensures protection and justice for divorced Muslim women, aligning with broader constitutional principles.

ii) Avoiding Remedial Gaps: Ensured that all divorced Muslim women, regardless of how their marriage was solemnized, can seek maintenance under Section 125 CrPC to prevent any legal gaps in protective measures.

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