Upkeep, the Supreme Court docket stated, just isn’t charity, however the precise of married ladies
New Delhi:
A divorced Muslim girl can search alimony from her husband below Part 125 of the Code of Felony Process – the legislation associated to upkeep for wives – the Supreme Court docket dominated immediately. The large judgment got here as a bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a Muslim man’s petition difficult a course to pay his spouse upkeep after divorce.
“We’re hereby dismissing the felony enchantment with the main conclusion that Part 125 could be relevant to all ladies and never simply married ladies,” Justice Nagarathna stated. Justice Nagarathna and Justice Masih delivered separate, however concurrent, judgments.
The bench made it clear that the legislation for in search of upkeep applies to all married ladies, no matter their faith.
Part 125 broadly says an individual with adequate means can not deny upkeep to their spouse, youngsters or dad and mom.
Upkeep just isn’t a matter of charity however a elementary proper of married ladies, the court docket stated. “This proper transcends spiritual boundaries, reinforcing the precept of gender equality and monetary safety for all married ladies,” it added.
“Some husbands are usually not aware of the truth that the spouse, who’s a homemaker, depends on them emotionally and in different methods. Time has come for Indian males to recognise the indispensable position and sacrifices made by housewives for the household.”
Rekha Sharma, chairperson of the Nationwide Fee for Ladies, has welcomed the judgment. “NCW Chairperson, Ms. Rekha Sharma, wholeheartedly welcomes the Supreme Court docket’s landmark ruling affirming the precise of Muslim ladies to hunt upkeep below Part 125 of the CrPC. This determination is a big step in direction of gender equality and justice for all ladies,” the panel stated in a publish on X.
The Case, The Arguments
The landmark judgment has come on a petition by Mohd Abdul Samad, who was directed by a household court docket to pay a month-to-month allowance of Rs 20,000 to his divorced spouse. Mr Samad challenged the course in Telangana Excessive Court docket. The excessive court docket upheld the course to pay upkeep, however modified the quantity to Rs 10,000. He then moved the Supreme Court docket. His counsel argued that divorced Muslim ladies can search recourse to the Muslim Ladies (Safety of Rights on Divorce) Act, 1986 Act and harassed that it supplies far more than what Part 125 CrPC does. He additionally argued {that a} particular legislation — referring to the Act — shall prevail over a common legislation.
Amicus Curiae Gaurav Agarwal countered that the non-public legislation doesn’t take away a lady’s entitlement to aid below the gender-neutral CrPC.
The Historical past, The Significance
To grasp the importance of this judgment, there’s a want to return to the Shah Bano case in 1985. On this landmark verdict, the Supreme Court docket had dominated that Part 125 of CrPC applies to everybody, no matter their faith. This was, nevertheless, diluted by the Muslim Ladies (Safety of Rights on Divorce) Act, 1986, that acknowledged that the Muslim girl can search upkeep solely throughout iddat — 90 days after the divorce.
In 2001, the Supreme Court docket upheld the Constitutional validity of the 1986 Act, however dominated that the duty of a person to supply upkeep to his divorced spouse extends until she remarries or is ready to help herself. In the present day’s order additional consolidates a divorced girl’s order to hunt alimony below CrPC, no matter her faith.
