Supreme Court verdict on Muslim women’s maintenance: Religious bodies opt for cautious approach

This follows the top Court’s verdict that relief under Section 125 CrPC is a social security measure that operates independently of any Muslim personal law remedies

Published - July 11, 2024 10:10 pm IST - NEW DELHI

The Supreme Court on July 10 ruled that a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the CrPC, 1973, against her former husband.

The Supreme Court on July 10 ruled that a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the CrPC, 1973, against her former husband. | Photo Credit: The Hindu

The Muslim religious bodies have decided to adopt a wait and watch approach with respect to Supreme Court’s verdict earlier this week on Muslim women being entitled to a claim of maintenance under Section 125 of the Code of Criminal Procedure 1973 against her erstwhile husband.

The All India Muslim Personal Board (AIMPLB), while calling the verdict as being against the Muslim personal law, has opted for a cautious approach. AIMPLB spokesman SQR Ilyas told The Hindu, “The Supreme Court decision giving lifelong alimony to divorced Muslim women is against Sharia laws. In India Muslims are governed by Shariat Application Act which is based on Sharia, as Hindus are governed by the Hindu Code. Article 25 of the Constitution also guarantees freedom of religion. Therefore court must refrain from applying IPC or CrPC. contradicting the above provisions.” Mr. Ilyas revealed that the Board’s legal committee is studying the judgement. “On its advice, the Board may seek legal and other options available to us,” Mr. Ilyas said.

The All India Muslim Majlis-e-Mushawarat president Zafarul Islam Khan called the order a “judicial overreach” and drew parallels with the courts at various levels admitting petitions against historic mosques. “Muslims are governed by the Shariah Act 1937 and the Muslim Women (Protection of Rights on Divorce) Act-1986. Such verdicts should not come,” Mr. Khan said while adding that Muslim organisations should approach a larger bench to overturn this decision.

Senior leaders of Jamiat Ulama-i-Hind and Jamaat-e-Islami Hind (JIH) also preferred to understand the nuances of the verdict before deciding on a future course of action. A Jamiat leader said, “There have been similar judgments in the past too. We would like to study the judgement and will decide the future legal remedy only if needed. No knee jerk reaction is needed.” His words were echoed by a JIH leader who said, “The Jamaat is opposed to any hasty decision. Such matters are best dealt with after due deliberation and studying the verdict.”

Incidentally, the Supreme Court on July 10 had ruled that a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Code of Criminal Procedure (CrPC), 1973, against her former husband — affirming that a parallel remedy under a secular law cannot be foreclosed by existing personal laws.

A Bench of Justices B.V. Nagarathna and Justice Augustine George Masih pronounced concurring judgments upholding the rights of a Muslim woman after a Muslim man challenged a Telangana High Court direction to pay ?10,000 interim maintenance to his former wife. He had contended that the maintenance claim in his case would instead be governed by the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act).

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.

news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news