Divorced Muslim women entitled to maintenance under secular statute: SC

• The Supreme Court on Wednesday held that divorced Muslim women are entitled to maintenance under the “secular” Section 125 of the Code of Criminal Procedure.

KEY HIGHLIGHTS

• The court agreed with amicus curiae,, that a remedy under the secular statutory provision of Section 125 of the Cr.PC cannot be foreclosed for divorced Muslim women by virtue of enactment of a personal law remedy under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• A divorced Muslim woman is entitled to all rights of maintenance available to other equally situated women in the country.
• Besides, the court pointed out that Section 3 of the 1986 Act requires a man to provide for a “reasonable and fair provision of maintenance” to his divorced Muslim wife only during the iddat period.
• Once the iddat period expires, the personal law obligation to maintain the divorced Muslim woman ceases.
• On the other hand, Section 125 mandates a husband to provide monthly maintenance to his divorced wife, irrespective of her faith.

Children’s maintenance

• Further, the 1986 Act holds a Muslim man liable to pay his divorced wife maintenance for their children for only a period of two years from birth.
• Whereas Section 125 requires a husband to pay for their children till they attain the age of majority.

PRELIMS TAKEAWAY

• Muslim Women (Protection of Rights on Divorce) Act, 1986.