The SC passed a landmark judgement on wednesday while hearing an appeal from Mr. Mohd. Abdul Samad who was told to pay Rs.20,000 per month as maintenance. The wife of the said Mr. Mohd. Abdul Samad moved family court under section 125 of CRPC saying she was given triple talaq. The said husband’s counsel argued that the provisions of Muslim Women(Protection of Rights on Divorce) Act,1986, is a special act and it would prevail over the provisions (Sec 125)of CRPC which was a general act.
The verdict said that all women irrespective of their faith are entitled to maintenance under section 125 of Criminal Procedure Code (CRPC). A bench of Justice BV Nagarathna and Augustine George Masih struck down the argument that Muslim women or women who belong to different communities barred them from taking advantage of maintenance guaranteed under the secular law. Justice Nagarathna said that Parliament's intention in enacting the 1986 law was to empower muslim women and we shall uphold that.
It was reiterated that maintenance seeks to alleviate the financial stress and vulnerability of the impecunious woman who is dependent on her husband economically. It is a constitutional imperative to redress the vulnerability of a married woman which includes a divorced woman who does not have an independent source of income under Section 125 of the CrPC and it is commonplace that married women sacrifice employment opportunities to nurture the family, pursue child rearing, and undertake care work for the elderly.
Comments