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Topic : Divorced Muslim Women Entitled to Maintenance
GS-1 Mains : Society
Context:
- Supreme Court upheld the right of divorced Muslim women to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
Background:
- Telangana HC directed a Muslim man to pay interim maintenance to his ex-wife.
- Husband argued the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRD Act) should prevail.
Evolution of Law:
- Section 125, CrPC (1973): Entitled destitute wives to maintenance from husbands.
- Applies to all religions, including Muslims.
- MWPRD Act, 1986: Religion-specific law for Muslim women to claim maintenance during divorce.
- Offers maintenance only during iddat period (usually 3 months).
- Enacted to overturn the 1985 Shah Bano Begum case granting maintenance beyond iddat under Section 125 CrPC.
Supreme Court Verdict:
- Upheld Section 125 CrPC as a social justice measure for women and children.
- Section 125 CrPC aligns with Article 15(3) of the Constitution promoting women’s dignity.
- Section 125 CrPC and MWPRD Act co-exist, offering additional rights, not negating them.
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