MUSLIM WOMEN RIGHTS FOR MAINTAINANCE U/S 125 CrPC

 

Social justice is justice in relation to a fair balance in the distribution of wealth, opportunities and privileges within a society where individual rights are recognized and protected for achieving equality and dignity of individual. Maintenance is recognized and accepted in legal parlance as a tool for social justice which is quantified in monetary terms to support the dependent.

The right to maintenance is a statutory in nature and the dependents specially the wife can gain accessibility both under personal and secular laws.

 

 

Section 125 CrPC requires a husband to support his wife (who is otherwise unable to maintain herself). It implies both interim and permanent maintenance and the word

 

 

“wife” includes a divorced woman as well. The idea of maintenance is construed differently under different legislative laws but the goal is to provide assistance. In a Muslim man’s plea against direction to pay interim maintenance of Rs 20,000/- per month to his divorced wife. The Supreme Court is set to consider the question whether a Muslim woman is entitled to maintain a petition under Section 125 CrPC.
This order was challenged before the Telangana High Court on the grounds that the parties got divorced in 2017 as per personal law. The divorce certificate was not recognized by the family court.

The High Court reduced the quantum of interim maintenance to Rs 10,000/- p.m. to be paid from the date of petition. 50% of the arrears to be paid by January, 2024 and remaining 50% by March, 2024.

 

The aggrieved petitioner approached the Supreme Court pleading that a divorced Muslim women is not entitled to maintenance u/s 125 CrPC. The petitioner urges that the provisions of Muslim Women (Protection of Rights on Divorce) Act 1986 is more beneficial as a relief as far as maintenance is concerned. The petitioner claims that he has paid Rs 15,000/- as a maintenance during the iddat period and that the petitioner and his wife did not submit to any affidavit preferring CrPC over Muslim Women (Protection of Rights on Divorce) Act 1986.

 

 

 

The Supreme Court will consider the matter on February, 19, 2014. The Supreme Court in its landmark judgement pronounced and held that Section 125 CrPC is a secular provision applicable to Muslim women in Shah Bano Case. The same was nullified by Muslim Women (Protection of Rights on Divorce) Act 1986 and the validity of the law was held in 2001.