In a landslide victory of women, the Supreme Court of India has ruled that divorced Muslim women can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). A bench led by Justice B.V. Nagarathna addressed a special leave petition which was filed by a husband who questioned the interim maintenance of Rs 10,000 per month awarded to his ex-wife. The bench emphasized that maintenance is a right for all married women, regardless of their religion, and that it is not charity but a legal obligation.
Importance of Homemakers
The Supreme Court also highlighted the crucial role of homemakers in families. Speaking in favour of women, SC stated that husbands must provide financial support to their wives. The court suggested practical measures like maintaining joint bank accounts and sharing ATM access to ensure economic stability for women within households.
NCW Welcomes Ruling
Rekha Sharma, the chief of the National Commission for Women (NCW), praised the Supreme Court's decision. She said, "I wholeheartedly welcome the Supreme Court's landmark ruling that affirms the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards ensuring gender equality and justice for all women, regardless of their religion,” she said.
What Is The Case About?
The judgment came in response to a petition by Mohd Abdul Samad, who was ordered by a family court to pay his divorced wife a monthly allowance of Rs 20,000. The Telangana High Court later reduced this amount to Rs 10,000, which led Samad to approach the Supreme Court. His counsel argued that the Muslim Women (Protection of Rights on Divorce) Act, 1986, provides more benefits than Section 125 of the CrPC and should take precedence.
However, Amicus Curiae Gaurav Agarwal countered that personal laws do not override a woman's entitlement to relief under the gender-neutral CrPC.
The Supreme Court's ruling reinforces the principle of gender equality and financial security for all married women, transcending religious boundaries. It asserts that maintenance is a fundamental right and should be upheld regardless of personal laws.
The husband argued that according to the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman must seek maintenance through this Act rather than Section 125 of the CrPC. However, the Supreme Court dismissed this petition.
