‘It’s their right, not charity’: Supreme Court delivers landmark alimony order for Muslim women
File photo of Indian Supreme Court.
India's Supreme Court ruled that a divorced Muslim woman can seek alimony from her husband under Section 125 of the Code of Criminal Procedure, the law that proscribes "order for maintenance of wives, children and parents".The top court bench of Justices BV Nagarathna and Augustine George Masih dismissed thepetition filed by a Muslim man named Mohd Abdul Samad.A family court hadpreviously directedSamadto pay a monthly allowance of ₹20,000 ($240) to his divorced wife.
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"We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women," Justice Nagarathna stated.
The landmark judgment cameon the petition by Mohd Abdul Samad who was previously directed by a family court to pay a monthly allowance of ₹20,000 ($240) to his divorced wife. Samad had challenged the direction in Telangana High Court. The high court upheld the direction to pay maintenance, but modified the amount to ₹10,000 ($120).
He then moved the Supreme Court.
The petitioner invoked the Muslim Women (Protection of Rights on Divorce) Act, 1986 Act, the controversial law formulated by the then-Prime Minister Rajiv Gandhi's government to pacify the Muslim conservatives enraged after Supreme Court's progressive verdict in Shah Bano case.
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The petitioner in the current case argued that "if the divorced woman has sufficient means, she cannot file for maintenance under Section 125 CrPC, however, that is the case with Section 3 of the Act".
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The court said that maintenance is not a matter of charity but a fundamental right of married women. "This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women," it added.
"Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. Time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family."
(With inputs from agencies)