Divorced Muslim women’s right to maintenance

• The Muslim Women (Protection of Rights on Divorce) Act, 1986, enacted by the government does not say that a divorced Muslim woman cannot file a petition under Section 125 of the CrPC, 1973.

Key Highlights

• The act was enacted by government in the aftermath of the Shah Bano case judgement
• It says that muslim women can seek maintenance from her former husband
• the Supreme Court observed as it reserved decision on the question as to which of these two laws would prevail.
• The Act does not say no petition under Section 125 shall be filed by Muslim women.

The Muslim Women (Protection of Rights on Marriage) Act 2019

• The Act makes all declarations of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
• The Act makes a declaration of talaq a cognizable offence, attracting up to three years imprisonment with a fine.
• The offence will be cognizable only if information relating to the offence is given by married woman (against whom talaq has been declared), or any person related to her by blood or marriage

Prelims Takeaway

• The Muslim Women (Protection of Rights on Marriage) Act 2019
• Section 125 of the CrPC, 1973