Divorced Muslim woman can seek maintenance says SC
According to Section 125 of the Code of criminal Procedure (CrPc), a Muslim woman is entitled to maintenance from her husband, the supreme court ruled on Wednesday. Judges BV Nagarathna and Augustine George Masih's bench denied the man's appeal in the Shah Bano case, whereby he contested the order to provide his divorced wife with interim maintenance according to Section 125 CrPC.
The bench also decided that the lady may use the 2019 Act if she gets divorced while the case is pending. In addition to the remedies under Section 125 CrPc, the 2019 Act offers another remedy. The Muslim women (Protection of Rights on Divorce) Act of 1986, according to the bench, would not take precedence over secular law.
The bench also decided that the lady may use the 2019 Act if she gets divorced while the case is pending. In addition to the remedies under Section 125 CrPc, the 2019 Act offers another remedy. The Muslim women (Protection of Rights on Divorce) Act of 1986, according to the bench, would not take precedence over secular law.
"We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women," said Justice Nagarathna.
The highest court made it clear that divorced women would also be able to request support under the statute.
The supreme court ruled in the Shah Bano case of 1985 that Section 125 CrPC is a secular statute that also applies to Muslim women. This ruling was a historic decision. The Muslim women (Protection of Rights on Divorce) Act, 1986, however, rendered this illegal; the law's legitimacy was affirmed in 2001.
The highest court made it clear that divorced women would also be able to request support under the statute.
The supreme court ruled in the Shah Bano case of 1985 that Section 125 CrPC is a secular statute that also applies to Muslim women. This ruling was a historic decision. The Muslim women (Protection of Rights on Divorce) Act, 1986, however, rendered this illegal; the law's legitimacy was affirmed in 2001.
The panel stated during the hearing today that an indian married man needs to realise that his wife, who is not financially independent, depends on him. It also stated that an indian guy deserves recognition for his independent efforts.