Photo: Supreme Court India/ X

By Amika 

Pune: Muslims in India women have reason to rejoice. The source of their celebration is the Supreme Court of India's ruling given out on July 10, 2024.

In its ruling, the Supreme Court of India has said that Muslim women can seek maintenance from her husband under Sectionn 125 of the Code of Criminal Procedure (CrPC), 1973 irrespective of her personal law.

The judgement was delivered by a bench of Justices Augustine George Masih and B V Nagarathna.

The Supreme Court said the right of Muslim women to seek recourse to Section 125 of the CrPC cannot be overshadowed by the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The 1986 Act was enacted by the Congress Government led then Prime Minister Rajiv Gandhi.

The Act came into being after the historic the Shah Bano judgement of the Supreme Court in 1985.

What is Shahu Bano case ?

Shah Bano, a Muslim woman from Indore, had moved a local court demanding maintenance from her husband who had divorced her.

 Shah Bano had demanded maintenance for her family which included five children.

She had demanded the maintenance under Section 123 of the Code of Criminal Procedure, 1973.

Her husband however challenged her claim. He argued in the court that Muslim Personal Law in India required a man to give maintenance to his wife who is being divorced only for the iddat period. He drew support from none other than the All India Muslim Personal Law Board. The Board argued that the court cannot interfere with the personal law of Muslim community

What is Iddat Period ?

Iddat period relates to a woman marrying after she is divorced or husband has died. The iddat period is generally three months

The then Chief Justice of India Y V Chandrachud upheld the decision of the high court which had given a ruling for maintenance to Shah Bano under CrPC. It gave an increased maintenance sum. The case became a historic one in the annals of India judiciary.

What Rajiv Gandhi Govt did ?

The Rajiv Gandhi Government came under pressure from Muslim groups. It enacted the Muslim Women (Protection on Divorce Act), 1986. This Act, which overturned the verdict in Shah Bano case, stipulated that maintenance can be given only during iddat period. Shaha Bano challenged the Act in Supreme Court. The court while upholdiong the validity of the new law, ruled that liability of the husband cannot be limited to only the iddat period. The court recognised women's claim for being treated with equality and dignity.

Coming back to July 10, 2024 ruling of the Supreme Cout, the apex court said Section 125 of CrPC, 1973 was a step to ensure social justice to protect women not matter what personal laws are.

Justice B V Nagarathna in her order said,''There cannot be disparity in receving maintenace on the basis of the law under which a woman is married or divorced. The same cannot be basis for discriminating a divorced woman entitled to maintenace.''

The judgement lays emphasis on financial stability and empowerment of married women.

The Supreme Court's ruling that Muslim women can seek maintenance under Section 125 of the CrPC has ensured that they will be not subjected to discrimination in the name of religion. 

The Supreme Court said when a divorced Muslim woman approaches a court for maintenance under Section 125, she cannot be turned away.

The petitioner in this case is Mohd Abdul Samad. He had challenged a family court order directing him to pay maintenance of Rs 20,000 per month to his former wife. The Telangana high court had also upheld the family court order.