The Supreme Court upholds Muslim women's maintenance rights after divorce under secular law
Published On:
The secular provisions of Section 125 of the Code of Criminal Procedure (CrPC) grant maintenance to divorced Muslim women, according to a ruling by the Supreme Court of India. This ruling emphasizes that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not supersede the remedy granted by Section 125 CrPC.
Key Judgment Highlights
The ruling of the court is consistent with the views put up by senior counsel Gaurav Agrawal, the amicus curiae, who highlighted that divorced Muslim women are subject to the secular statutory provisions of Section 125 CrPC. With this verdict, Muslim women who have divorced would have the same access to maintenance rights as other Indian women.
A Muslim man appealed a Telangana High Court ruling, and Justices B.V. Nagarathna and Augustine George Masih handled the matter in a concurring opinion. Despite the man's argument that his wife should only have access to the 1986 Act, the High Court maintained a Family Court's judgment providing her interim maintenance under Section 125 CrPC.
Arguments and Counterarguments:
The appellant, Mohd. Abdul Samad, contended that Section 125 CrPC ought to yield to the 1986 Act, which is a unique legislation. He argued that a divorced Muslim woman is only entitled to maintenance during the iddat period, after which the obligation ends, in accordance with the 1986 Act. On the other hand, regardless of the wife's religious beliefs, Section 125 CrPC requires monthly maintenance if she hasn't remarried and her ex-husband has enough money but hasn't supported her.
Children's Maintenance
The 1986 Act restricts a Muslim man's duty to support his children to two years from the date of birth, whereas Section 125 CrPC mandates maintenance until the children attain the age of majority. This is only one of the significant differences between the two statutes that the court emphasized.
Constitutional Commitment and Harmonious Interpretation:
Judge Masih pointed out that the fundamental guarantee of a life of dignity for women, irrespective of their faith, is reflected in Section 125 CrPC. He made it clear that a divorced Muslim woman's ability to request support under Section 125 CrPC is unaffected by the 1986 Act. The woman is still free to choose whether to seek for maintenance under any clause depending on her financial situation. Courts are urged to use a meaningful and harmonious interpretation of both statutes.
With this historic decision, the Supreme Court has once again demonstrated its commitment to preserving Muslim women's rights to maintenance, dignity, and welfare under secular law.
Rajasthan budget gives a boost to health, promises job growth
Budget overview
On Wednesday, Rajasthan Deputy Chief Minister Diya Kumari presented the state budget for 2024 - 25, which emphasizes new policies in finance, agriculture, urban development, tourism, transport and a tech-driven economy. The ₹4.95 lakh crore budget aims to fulfill key promises of the ruling BJP.
Key allocations
₹27,000 crore for the health sector and ₹15,000 crore to provide tap water connections to 25 lakh rural households are among the key disbursements. The budget also proposes to create 4 lakh jobs in 5 years through reforms and export promotion.
Development initiatives
Ms Kumari highlighted plans for green infrastructure, financial stewardship and express highway construction to boost growth and public welfare.
The green budget, along with provisions for new tourism, sports and data center policies, aims to attract investments and create opportunities.
Opposition reactions
The budget faced disruptions from Congress legislators over the issue of the old pension scheme. While the BJP praised the budget as a 'welfare document', the opposition termed it 'disappointing' and inadequate to meet public expectations.
India and Russia agree to pursue trade in national currency
Historic agreement
India and Russia have agreed to establish a national currency settlement system, Russian Embassy Charge d'Affaires Roman Babushkin announced after Prime Minister Narendra Modi's recent visit to Russia.
Babushkin described the visit as "historic and game-changing" and criticized Western support for Ukraine.
Strengthening economic ties
During Modi's July 8-9 visit, he held talks with President Vladimir Putin focusing on economic cooperation. Trade between India and Russia has increased since the imposition of Western sanctions on Russia in 2022, especially in the energy sector. Babushkin highlighted the importance of a currency settlement system in his discussions.
Addressing military recruitment
The leaders also discussed Indian citizens being fraudulently recruited into the Russian army. Babushkin has assured that these individuals will be returned soon and stressed that Russia never had the intention to recruit Indians into its army.
Global impact and Ukraine crisis
Babushkin underlined the global importance of the Modi – Putin meeting and also advocated Ukraine’s neutrality and non-alignment. He criticized Western countries for supporting Ukraine and mentioned the emergence of new independent power centers like India and Russia in the global arena.
