Maintenance of Muslim Women under CrPC

Why in the news?

Recently, in a landmark judgment of Mohd. Abdul Samad v. State of Telangana, the Division Bench of Hon’ble Justices BV Nagarathna and Augustine George Masih held that women, irrespective of their faith, were entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC) 1973 and rejected the argument that the Muslim Women (Protection of Rights on Divorce) Act, 1986, or personal laws of different communities barred them from taking advantage of maintenance guaranteed under the secular law.

Why was it needed?

Hon’ble Supreme Court observed in this regard that in Indian society, it is an established practice that once a daughter is married, she resides with her husband and/or his family unless due to exigency of career or such other reason she has to reside elsewhere. In the case of a woman who has an independent source of income, she may be financially endowed and may not be totally dependent on her husband and his family. But what is the position of a married woman who is often referred to as a “homemaker” and who does not have an independent source of income whatsoever and is totally dependent for her financial resources on her husband and on his family? It is well-known that such an Indian homemaker tries to save as much money as possible from the monthly household budget, not only to augment the financial resources of the family but possibly also to save a small portion for her personal expenses. Such a practice is followed in order to avoid making a request to the husband or his family for her personal expenses. Most married men in India do not realize this aspect of the predicament such Indian homemakers face as any request made for expenses may be bluntly turned down by the husband and/or his family. Some husbands are not conscious of the fact that the wife who has no independent source of finance is dependent on them not only emotionally but also financially. On the other hand, a wife who is referred to as a homemaker is working throughout the day for the welfare of the family without expecting anything in return except possibly love and affection, a sense of comfort and respect from her husband and his family, which are towards her emotional security. This may also be lacking in certain households. Thus, both ‘financial security’ as well as ‘security of residence’ of Indian women have to be protected and enhanced. That would truly empower such Indian women who are referred to as ‘homemakers’ and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society that has to be maintained and strengthened. It is needless to observe that a strong Indian family and society would ultimately lead to a stronger nation. But, for that to happen, women in the family have to be respected and empowered.

Decoding the Patna HC’s Rejection of 65% Reservation

Key Legal Provision

Muslim Women (Protection of Rights on Divorce) Act, 1986– The Act was enacted to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands. It provides for matters connected with or incidental to the protection of these rights.

• Section-3 of the act states that a divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband, to be paid within the iddat period.
• It allows a divorced woman and her former husband to choose to be governed by the provisions of sections 125 to 128 of the CrPC, 1973. If they make a joint or separate declaration to this effect at the first hearing of the application.

Iddat period- It is a period, usually of three months, which a woman must observe after the death of her husband or a divorce before she can remarry.

Section 125 of the Criminal Procedure Code 1973-This Section mandates that a Magistrate of the first class may order a person with sufficient means to make a monthly allowance for the maintenance of:

• His wife, if she is unable to maintain herself.
• His legitimate or illegitimate minor child, whether married or not, unable to maintain itself.
• His legitimate or illegitimate adult child with physical or mental abnormalities or injuries that render them unable to maintain themselves.
• His father or mother, unable to maintain themselves.

Relevant Cases

Mohd. Ahmed Khan v. Shah Bano Begum,1985- The Constitution Bench of the Supreme Court unanimously went on to hold that the obligation of such a husband would not be affected by the existence of any personal law in the said regard and the independent remedy for seeking maintenance Under Section 125 of Code of Criminal Procedure, 1973 is always available.

Danial Latifi & Another vs Union Of India, 2001-In this case Hon’ble Court upheld the constitutional validity of the 1986 Act and said that its provisions do not offend Articles 14, 15 and 21 of the Constitution of India. It extended the right of Muslim women to receive maintenance until they remarry beyond the iddat period.

Shabana Bano v. Imran Khan Case, 2009- In this case, the Supreme Court reiterated that divorced Muslim women could claim maintenance under Section 125 of the CrPC 1973, even beyond the iddat period, as long as they do not remarry. This affirmed the principle that the CrPC provision applies irrespective of religion.

The Supreme Court’s observations and decision

The Supreme Court dismissed the appeal, reaffirming that Muslim women can seek maintenance under Section 125 CrPC 1973 despite the existence of the 1986 Act. Justice Nagarathna said Parliament’s intent in enacting the 1986 law was to enhance the rights of a divorced Muslim woman in addition to what she would have been entitled to under Section 125 of CrPC 1973. She said if the intent was to curtail the rights of a divorced Muslim woman, then the clause of ‘notwithstanding anything contained in any other law for the time being in force’ would not have found a place in Section 3, and Parliament did not simultaneously or at any time thereafter create any bar for a divorced Muslim woman from claiming maintenance under Section 125.

The Court noted that Section 3 of the 1986 Act, starting with a non-obstante clause, does not restrict the application of Section 125 CrPC 1973 but rather provides an additional remedy. They also affirmed that divorced Muslim women, including those divorced through triple talaq (now deemed illegal), can claim maintenance under Section 125 CrPC 1973 irrespective of personal laws.

Maintenance of Child

Under personal law, maintenance for children is given by her former husband only for a period of two years but under Section 125, maintenance is given until the children attain the age of majority.
Doctrine of Harmonious Construction

The secular provision of Section 125 of CrPC 1973 and the personal law provision of Section 3 of the 1986 Act parallelly exist in their distinct domains and jurisprudence thereby, leading to their harmonious construction and continued existence of the right to seek maintenance for a divorced Muslim woman under the provisions of CrPC 1973 despite the enactment of the 1986 Act.

Conclusion

This ruling will have a far-reaching impact on the legal landscape, ensuring that Muslim women can claim maintenance under Section 125 CrPC 1973 without being restricted by personal laws. It strengthens the legal framework for the protection and welfare of women, reinforcing their right to financial security and dignity.

This judgment is a reaffirmation of the secular principles embedded in the Indian legal system, ensuring that maintenance provisions are accessible to all women, including those from the Muslim community.

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