Muslim Women Can Seek Alimony From Their Divorced Husbands, Says Supreme Court
The court said a divorced Muslim woman isn't restricted from exercising her independent right of maintenance under the secular provision of Section 125 of CrPC.
Muslim women can seek maintenance from their divorced husbands under Section 125 of the Code of Criminal Procedure, the Supreme Court has held. Section 125 of the CrPC broadly says that a person with sufficient means can't deny maintenance to his wife, children or parents.
Under Section 125, a divorced woman who has not remarried as well as a wife are placed on par for the purpose of seeking maintenance.
In this crucial verdict, the court has underscored that Section 125 is "religion neutral", meaning that it is applicable to all women, irrespective of their religion.
In doing so, the court has explained that rights available to a Muslim woman under the Muslim Women (Protection of Rights on Divorce) Act of 1986 are in addition to the rights available to her under other laws in force.
It is important to note that the 1986 Act provides for maintenance of a divorced Muslim woman, but that maintenance is limited only till the Iddat period. This period normally lasts up until 90 days after the divorce.
The court has said that in light of the provisions of the 1986 Act, it's pertinent to highlight that a divorced Muslim woman is not restricted from exercising her independent right of maintenance under the secular provision of Section 125 of CrPC.
This is evident from the fact that while enacting the 1986 Act, Parliament did not simultaneously or at anytime thereafter create any bar for a divorced Muslim woman from claiming maintenance under Section 125 of the CrPC and thereby constrain her to proceed to make a claim only under the provisions of the 1986 Act.Supreme Court of India
In short, the court has expounded that the provisions of the 1986 Act and the secular provision in the form of Section 125 of the CrPC exist in parallel and not in derogation of one another.
Historical Context
In 1985, the top court ruled on the issue of maintenance apropos the obligation of a Muslim husband to his divorced wife who's unable to maintain herself. This decision is widely recognised as the Shah Bano judgment.
In this case, the court categorically stated the obligation of such a husband wouldn't be affected by the existence of any personal law and the independent remedy for seeking maintenance under Section 125 of CrPC 1973 is always available.
This ruling led to a controversy about the true obligations of a Muslim husband to pay maintenance to his divorced wife, particularly beyond the Iddat period. Subsequently, in an attempt to clarify the position, the Parliament enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Section 3 of the 1986 Act specifies the entitlements of a Muslim woman at the time of divorce. Since this section opens up with a non-obstante clause, it was carefully perused by the top court in 2001 and a verdict was reached upon wherein the court clarified that the 1986 Act was not enacted to foreclose the secular rights of a divorced Muslim woman.
Wednesday's ruling further solidifies the right of a divorced woman to demand alimony under the CrPC, regardless of her religion.
