Divorced Muslim Women Entitled to Maintenance

General Studies Paper-2

Context: The Supreme Court held that a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973, against her former husband.

Background

• The Telangana High Court directed a Muslim man to pay ₹10,000 interim maintenance to his former wife.
• However, the husband contended that the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, being a special law, should prevail over Section 125 of the CrPC.

Evolution of law on Maintenance

• The law governing maintenance for destitute wives, children, and parents has been codified under Section 125 of the CrPC.
• It stipulates that if any person “having sufficient means neglects or refuses to maintain” his wife, then a magistrate of the first class may, upon proof of such neglect or refusal, order such a person to make a monthly allowance for the maintenance of his wife at a monthly rate as the magistrate thinks fit.
• The Muslim Women (Protection of Rights on Divorce) Act, 1986, is a religion-specific law that provides for a procedure for a Muslim woman to claim maintenance during divorce.
  • Section 3 of the Act guarantees the payment of maintenance only during the period of iddat — a period, usually of three months.
• It was enacted to essentially 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 seek maintenance from her divorced husband under Section 125 of the CrPC.

Supreme Court Verdict

• SC said that Section 125 CrPC was introduced as a measure of social justice to protect women and children.
• It pointed out that the provision manifested the commitment under Article 15(3) of the Constitution towards special measures to ensure a life of dignity for women at all stages of their lives.
• The ruling reiterated that maintenance under Section 125 CrPC exists in addition to the provisions for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRD Act), not against it.