Landmark SC Judgment on Muslim Women’s Right To Maintenance
STORIES, ANALYSES, EXPERT VIEWS
In a landmark judgment, a Supreme Court bench on July 10 ruled that a divorced Muslim woman is entitled to a claim of maintenance under the Code of Criminal Procedure (CrPC), against her former husband — affirming that a parallel remedy under a secular law cannot be foreclosed by existing personal laws.
A bench pronounced separate but concurring judgments upholding the rights of Muslim women after a Muslim man challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former wife. He had contended that the maintenance claim in his case would instead be governed by the provisions of the Muslim Women (Protection of rights on Divorce) Act, 1986.
The law on maintenance
The law governing maintenance for destitute wives, children, and parents has been codified under Section 125 of the CrPC. It stipulates that if any person “having sufficient means neglects or refuses to maintain” his wife, then a magistrate can order such a person to make a monthly allowance for the maintenance of his wife.
The explanation to this provision clarifies that a “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. It does not specify anything about the woman’s religion. Many States have made region-specific amendments to the section to allow a ceiling on the maintenance amount the court can order.
The 1986 Act, on the other hand, is a religion-specific law that provides for a procedure for a Muslim woman to claim maintenance during divorce.
‘Social justice’ measure insulated from applicable personal laws
The Court acknowledged that Section 125 CrPC was introduced as a measure of social justice to protect women and children. It pointed out that the provision manifested the constitutional commitment towards special measures to ensure a life of dignity for women at all stages of their lives.
Highlighting the secular nature of this relief, the judges underscored that a claim under Section 125 CrPC is maintainable irrespective of the applicable personal laws of the parties. “...This ought to be irrespective of the faith a woman belongs to. The remedy of maintenance is a critical source of succour for the destitute, the deserted and the deprived sections of women.
Equivalent rights of maintenance: After referring to a catena of judicial precedents, the Bench concluded that equivalent rights of maintenance under both — the secular provision of Section 125 of the CrPC and the personal law provision of the 1986 Act, parallelly exist in their distinct domains and jurisprudence.
A remarkable shift on the right to seek maintenance
The SC ruling, writes The Indian Express “marks a remarkable shift in its framing of the right to seek maintenance. It highlights that maintenance must not be viewed ‘as a mere charity’ and is a matter of ‘parity and rights, essential for women’…….
“The apex Court also shows wisdom in framing the issue of gender justice not as antagonistic to freedom of religion. It sees both as complementing the rights secured under the Constitution. This framing is especially resonant given the Constitution’s high visibility as a symbol and motif in the recently concluded Lok Sabha elections. It is also a timely reminder for other battles pending in court — from temple entry to the right to excommunicate. The Constitution should be the guiding principle for all, even for personal law.”
