• UGI USER
  • Feb 21, 2024
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ON THE RIGHT TO MAINTENANCE FOR DIVORCED MUSLIM WOMEN

Why in the news?

The Supreme Court’s recent decision to reexamine the entitlement of divorced Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) reignites a debate over the precedence of secular laws versus distinct personal laws.

source: TOI

The Muslim Women (Protection of Rights on Divorce) Act, 1986 :

  • The Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act), specifically addresses maintenance during divorce for Muslim women.
  • Section 3 of the 1986 Act, beginning with a non-obstante clause, does not prohibit seeking alternative relief under Section 125 of the CrPC.
What is Code of Criminal Procedure (CrPC)?

●      Enactment: The Code of Criminal Procedure (CrPC) was enacted in 1973.

●      Effective Date: It became effective on April 1, 1974.

●      Purpose: CrPC outlines procedures for administering criminal law in India.

Section 125 of the Criminal Procedure Code (CrPC):

●      Section 125 of CrPC: Covers maintenance for spouses, children, and parents.

●      Eligible Claimants: Include divorced, unmarried, or separated spouses; dependent children; and parents.

●      Conditions: Neglect, dependency, sufficient means.

●      Determination: Court considers income, needs.