Divorced Muslim Women’s Right to Maintenance

Context- The Supreme Court will examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former spouse.

Background

• A Muslim man had challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former spouse.
• He contended that maintenance in this situation will instead be ruled with the aid of the provisions of the Muslim Women (maintenance of Rights on Divorce) Act, 1986.
• He informed the Supreme Court that the Telangana HC didn’t recognize that the provisions of the 1986 Act, which is a Special Act will prevail over the Provisions of section 125 CrPC which is the general Act.
• The Supreme Court at the same time as listening to the petition by the Muslim man observed that the 1986 Act does no longer say that a divorced Muslim women cannot record a petition under Section 125 of the CrPC, 1973.
• The Court has reserved decision at the query as to which of these two legal guidelines might prevail.

About Muslim Women (maintenance of Rights on Divorce) Act, 1986

• The 1986 Act is a religion-specific regulation that provides for a manner for a Muslim women to claim renovation all through divorce.
  • It was enacted to basically nullify the Supreme Court’s 1985 decision in the case of Mohd. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to are seeking maintenance from her divorced husband under Section a hundred twenty five of the CrPC.
• The verdict was, but, perceived by many to be an affront to religious personal legal guidelines.
• Section 3 of the 1986 Act guarantees the price of preservation to a divorced Muslim women by her former husband only for the duration of the period of iddat.
  • Iddat is a duration, usually of 3 months, which a woman must study after the dying of her husband or a divorce before she will remarry.
• Such an amount will be same to the quantity of mahr or dowry given to her at the time of her marriage or any time after that.
• After the end nof the iddat period, a woman can technique a pleasant Justice of the Peace for renovation in case she has not remarried and isn’t in a condition to attend to herself financially.

What is Section125 of the Criminal Procedure Code (CrPC)?

• Section 125 of CrPC lays down a Secular law for the maintenance of Wife, Child or Parents.
• It is a felony provision that allows positive classes of people to claim financial aid from their spouses or children, as the case may be, in the event they’re not able to keep themselves.
• This phase allows giving economic assistance to the vulnerable keeping off situations like Vagrancy and Poverty.

Prior Judicial Precedents

• • The Allahabad High Court, in more than one judgments, has reaffirmed a divorced Muslim women’s right to claim maintenance under Section 125 of the CrPC even after the of entirety of the iddat duration as long as she does no longer marry.

In Mujeeb Rahiman v. Thasleena (2022):

• • • A unmarried choose of the Kerala High Court located that a divorced Muslim woman can are seeking maintenance under Section 125 of the CrPC until she obtains comfort under Section 3 of the 1986 Act.
    • Such an order will stay in force till the quantity payable under Section 3 is paid.

Noushad Flourish v. Akhila Noushad (2023):

• • A Muslim wife who effected her divorce through the pronouncement of khula (divorce at the instance of, and with the consent of the wife) cannot claim maintenance from her husband under Section 125 of the CrPC.

Source: The Hindu

UPSC Mains Practice Questions:

Q.Discuss the legal provisions and challenges concerning the right to maintenance for divorced Muslim women in India. Analyze the evolution of relevant laws and subsequent judicial interpretations. (250 words)

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