Supreme Court of India Affirms Maintenance Rights for Divorced Muslim Women Under Secular Law

The Supreme Court of India recently delivered a landmark ruling on the maintenance rights of divorced Muslim women, affirming their entitlement to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC). This provision, applicable to all individuals regardless of religion, empowers a magistrate to order monthly maintenance for a wife who has been neglected or refused support by her husband. Notably, the term “wife” includes a divorced woman who has not remarried, without any religious distinctions.
The Court highlighted that this remedy under the CrPC operates independently of Muslim personal law, ensuring that secular law remedies are not overridden by existing personal laws. This ruling aims to enhance economic stability and social empowerment for Muslim women.
Historically, the 1986 Muslim Women (Protection of Rights on Divorce) Act was enacted to overturn a previous Supreme Court decision from 1985, which supported a Muslim woman’s right to seek maintenance under Section 125 of CrPC. The Act, however, limited maintenance to the iddat period, typically three months post-divorce.
The recent verdict has been met with enthusiasm among Muslim women, as it enhances their financial stability and curtails arbitrary instances of triple talaq. It reinforces gender equality and the application of secular legal provisions. In essence, this judgment strives to balance religious rights with gender equality, ultimately benefiting Muslim women and society at large.

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The courts & government is getting into the religion of the people.