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MAINTENANCE FOR MUSLIM WOMEN:SUPREME COURT’S RULING



  Jul 11, 2024

MAINTENANCE FOR MUSLIM WOMEN:SUPREME COURT’S RULING



1. WHAT WAS THE SUPREME COURT’S RULING?

• The Supreme Court ruled that Section 125 of the Criminal Procedure Code, which deals with a wife’s right to maintenance, applies to all married women, irrespective of their religion.

2. WHAT DOES THIS MEAN FOR MUSLIM WOMEN?

• Muslim women can now seek maintenance from their husbands after divorce under Section 125 CrPC, reinforcing their right to financial support.

3. WHAT WAS THE CONTEXT OF THE CASE?

• The case arose when a Muslim man challenged a Telangana High Court order directing him to pay Rs 10,000 as interim maintenance to his former wife. He argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, precludes a divorced Muslim woman from claiming benefits under Section 125 CrPC.

4. WHAT WAS THE SUPREME COURT’S RESPONSE TO THE CHALLENGE?

• The Supreme Court bench rejected the contention, upholding the Muslim woman’s right to seek maintenance under the general law.

5. WHAT DID THE COURT SAY ABOUT MAINTENANCE?

• The court observed that maintenance is not a matter of charity but a fundamental right of married women. This right transcends religious boundaries, reinforcing the principles of gender equality (Article 14) and financial security (Article 21) for all married women.

6. WHAT IS THE SIGNIFICANCE OF THIS RULING?

• This landmark decision ensures that all married women, including Muslim women, have the right to seek maintenance after divorce. It underscores the recognition of the indispensable role and sacrifices made by housewives for their families.


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