• UGI USER
  • Jul 11, 2024
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SUPREME COURT UPHOLDS MAINTENANCE RIGHTS FOR DIVORCED MUSLIM WOMEN

Why in the news?

  • The Supreme Court dismissed an appeal by a Muslim man against a Telangana High Court order allowing his ex-wife to seek maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
source:scribd

Muslim Women (Protection of Rights on Marriage) Act 2019

  • Scope: Maintenance for divorced Muslim women after talaq.
  • Provision: Talaq declared void and illegal.
  • Allowance: Magistrate determines subsistence allowance for women and children.
  • Override: Supersedes Section 125 CrPC.
  • Option: Women can choose other legal remedies.
About Section 125 of the Criminal Procedure Code (CrPC):

  • Scope: Maintenance for wives, children, and parents.
  • Claimants:
  • Wife: Divorced or separated, not remarried, unable to maintain herself.
  • Children: Legitimate or illegitimate, unable to maintain themselves, under age or disabled.
  • Parents: Biological or adoptive, unable to support themselves.

Conditions:

  • Neglect/Refusal: Respondent neglects/refuses financial support.
  • Dependency: Claimants must prove inability to maintain themselves.
  • Sufficient Means: Respondent must have means to provide support.
  • Quantum and Duration:
  • Court decides based on financial capacity, needs, and circumstances.
  • Maintenance can be temporary or permanent, awarded monthly.
  • Enforcement: Legal consequences for non-compliance with court orders.
  • Exceptions for Wives:
  • Living in adultery.
  • Refusing to live with a husband without sufficient cause.
  • Living separately by mutual consent.

About Criminal Procedure Code (CrPC):

  • Enactment: 1973, effective from 1 April 1974.
  • Purpose: Procedure for administration of substantive criminal law in India.
  • Scope: Investigation, evidence collection, arrest, detention, trials, and sentencing.

Associated Article:

https://universalinstitutions.com/on-the-right-to-maintenance-for-divorced-muslim-women/