Supreme Court’s Historic Decision: Muslim Women Can Claim Maintenance
New Delhi, India – The Supreme Court has made a historic ruling that allows Muslim women to claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). This decision is seen as a significant relief for Muslim women.
Shazia Ilmi’s Reaction
BJP leader Shazia Ilmi praised the decision, calling it historic and a relief for all Muslim women. She explained that any divorced Muslim woman can now demand a maintenance allowance under Section 125 of CrPC, and it will be mandatory to fulfill that demand. Ilmi emphasized that this is not a donation but a legal right for divorced women to approach the court for maintenance.
Historical Context
Ilmi also mentioned that a similar verdict was given in 1985, but it was overturned by Rajiv Gandhi’s government due to pressure from the All India Muslim Law Board. She highlighted that the Supreme Court has upheld the criminalization of triple talaq and that divorced Muslim women can also seek protection under the 2019 Protection of Rights on Marriage Act.
Legal Perspectives
Supreme Court Advocate Manisha Chava explained that the court decided personal laws cannot override secular laws. She stated that while there are remedies in the Muslim Women (Protection of Rights on Divorce) Act 1986, they cannot interfere with CrPC provisions. Chava stressed that this maintenance should not be seen as charity but as support for women facing economic distress.
Empowerment of Women
Senior Advocate S Wasim A Qadri, representing the husband, called the judgment a landmark for the empowerment of women. He noted that the ruling is not limited to divorced or Muslim women but applies to all women, regardless of religion. The Supreme Court emphasized the importance of recognizing the role and sacrifices of homemakers, urging men to provide financial support through joint accounts and ATMs.
Conclusion
The Supreme Court’s ruling on Wednesday confirmed that Section 125 CrPC applies to all married women, including Muslim married women, allowing them to claim maintenance from their husbands. Justices BV Nagarathna and Augustine George Masih highlighted that this legal right is crucial for the financial support and recognition of homemakers in Indian families.
