Supreme Court Restores Maintenance Rights of Divorced Muslim Women

Lauded by Women's Organisations Nationwide, Seen as Correcting the Injustice of the 1985 Shah Bano Case Overturned by the Rajiv Gandhi Government

Landmark Judgment

In a landmark decision that is bound to have far-reaching implications, the Supreme Court today (10th July) ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC), which is applicable to all women "irrespective of religion".

Court's Key Observations

The Bench comprising Justices B V Nagarathna and Augustine George Masih stated that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular and religion-neutral provision of Section 125 CrPC. "We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women," Justice Nagarathna said while pronouncing the verdict.

Maintenance as a Right, Not Charity

The Court clarified that maintenance is a right of married women, not charity, and applies to all married women regardless of religion. The ruling dismissed an appeal by a Muslim man who challenged a maintenance order in favour of his ex-wife under Section 125 CrPC. He had argued that the 1986 Act, enacted to nullify the Supreme Court's Shah Bano judgment, should take precedence. However, the Supreme Court has now firmly established that Muslim women can seek maintenance under the "religion-neutral" Section 125 CrPC, in line with the spirit of the Shah Bano case.

Practical Measures for Financial Support

The Court highlighted the necessity for husbands to provide financial support to their wives and suggested practical measures such as maintaining joint bank accounts and sharing ATM access to ensure economic stability for women within the household.

Continuation of Maintenance Rights Post-Divorce

The judgment also noted that if a Muslim woman is divorced during the pendency of a Section 125 CrPC petition, she can take recourse to the Muslim Women (Protection of Rights on Marriage) Act, 2019, in addition to continuing the Section 125 petition. The options is hers.

Applicability of Section 125 CrPC to Muslim Women

The Supreme Court ruled that Section 125 CrPC, which deals with a wife's right to maintenance, applies to all married women, including Muslim women. This overrules the argument and the existing position of law that divorced Muslim women can only seek maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Court clarified that a divorced Muslim Women thus has the option to either invoke section 125 CrPC or the Act of 1986 and any order, interim or otherwise, passed under the latter statute shall be taken into consideration, while deciding the petition under section 125 CrPC.

Applicability to Muslim Women Married and Divorced under the Special Marriage Act

The Supreme Court also clarified that section 125 CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act, 1954, in addition to the remedies available under the latter statute. These marriages are popularly referred to as “court marriages” or “registered marriages” and are solemnised by the Deputy Commissioner/ District Collector between a man and woman, irrespective of the religion either of them professes.

The Case, The Arguments

The landmark judgment has come on a petition by Mohd Abdul Samad, who was directed by a family court to pay a monthly allowance of ₹20,000 to his divorced wife. Mr Samad challenged the direction in the Telangana High Court, which upheld the direction to pay maintenance but modified the amount to ₹10,000. He then moved the Supreme Court. His counsel argued that divorced Muslim women can seek recourse to the Muslim Women (Protection of Rights on Divorce) Act, 1986, and stressed that it provides much more than what Section 125 CrPC does. He also argued that a special law, referring to the Act, shall prevail over a general law.

Amicus Curiae Gaurav Agarwal countered that personal law does not take away a woman's entitlement to relief under the gender-neutral CrPC.

Women’s Commission Welcomes the Verdict

Rekha Sharma, Chairperson of the National Commission for Women, welcomed the judgment. "NCW Chairperson, Ms. Rekha Sharma, wholeheartedly welcomes the Supreme Court's landmark ruling affirming the right of Muslim women to seek maintenance under Section 125 of the CrPC. This decision is a significant step towards gender equality and justice for all women," the panel said in a post on X.

Historical Context: The Shah Bano Case

The Shah Bano case was a landmark Supreme Court judgment in 1985 that dealt with the issue of maintenance for divorced Muslim women under Section 125 CrPC.

Background

Shah Bano, a 62-year-old Muslim woman, was divorced by her husband in 1978 after 43 years of marriage. She filed a petition under Section 125 CrPC, which allows all women, regardless of religion, to seek maintenance from their husbands. Her husband contested this, arguing that under Muslim personal law, he was only obligated to pay maintenance during the iddat period (about three months).

Supreme Court Judgment (1985)

In April 1985, the Supreme Court upheld Shah Bano's right to maintenance under Section 125 CrPC. The Apex Court held that Section 125 applies to all women, irrespective of religion. It stated that the Muslim personal law provision of limiting maintenance to the iddat period cannot override the secular and uniform provisions of Section 125 CrPC.

Impact and Overturning by Parliament

The judgment led to a major controversy and backlash from some Muslim religious leaders and groups. In 1986, the Rajiv Gandhi government enacted the Muslim Women (Protection of Rights on Divorce) Act. This law diluted the Shah Bano judgment, allowing maintenance to divorced Muslim women only during the iddat period as per Islamic law. This move to overturn the Supreme Court verdict was seen as a misguided attempt to appease certain religious groups and was widely criticized for undermining the cause of gender justice and a uniform civil code.

Conclusion: A Step Towards Gender Equality

Upholding Rights Despite Hurdles

The Shah Bano case of 1985 and the today’s (10th July, 2024) Supreme Court judgment have been instrumental in upholding the rights of Muslim women to seek maintenance under secular law, despite the hurdles posed by the 1986 Parliamentary enactment. The latest verdict is a major step towards gender equality and justice for all women in India. The Supreme Court's ruling establishes the right of Muslim women to seek maintenance from their husbands under the general law and encourages practical steps to ensure financial security for women in marriage, including after divorce.

Rekindling the Debate on Uniform Civil Code

This verdict comes at a time when the Central Government is pushing for the Uniform Civil Code (UCC), rekindling the wider debate on a provision which has been a part of the non-justiciable Directive Principles of State Policy since the inception of the Indian constitution. Hopefully, the valid concerns of minorities, including Muslims and Sikhs, will be addressed by Parliament rather than being overridden by parliamentary majorities. “Shah Bano, in her heavenly abode, must particularly be pleased with this verdict,” remarked a Senior Advocate, reflecting the widespread approval of this progressive step towards gender justice.