Explained | What’s Muslim Women’s Maintenance Rights Case All About Anyway? | Supreme Court | Sharia
The Supreme Court on July 10 ruled that Section 125 Code of Criminal Procedure (CrPC) applied to all married women including Muslim married women and they can claim maintenance from their husbands under these provisions.
Supreme court said, "There cannot be disparity in receiving maintenance on the basis of the law under which a woman is married or divorced. The same cannot be a basis for discriminating a divorced woman entitled to maintenance as per the conditions stipulated under Section 125 of the CrPC or any personal or other law such as the 1986 Act. I, therefore, hold that Section 125 of the CrPC cannot be excluded from its application to a divorced Muslim woman irrespective of the law under which she is divorced.
Maintenance is a facet of gender parity and enabler of equality, not charity. A destitute Muslim woman has the right to seek maintenance under Section 125 of the CrPC despite the enactment of the 1986 Act."
However, All India Muslim Personal Law Board said that they will challenge the Supreme Court’s latest verdict, allowing divorced women to claim maintenance after the period of “Iddat”.
The board also said that it doesn’t augur well “with human reasoning that the man is held responsible to maintain his ex-wives when the marriage itself is non-existent.
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