Why is SC order on maintenance to divorced Muslim women a big deal? What did laws say earlier?
5 months, 2 weeks ago

Why is SC order on maintenance to divorced Muslim women a big deal? What did laws say earlier?

Firstpost  

The Supreme Court bench of justices BV Nagarathna and Augustine George Masih has said that divorced Muslim women can now seek maintenance under Section 125 of the CrPC. The 1986 law was brought in by the then Rajiv Gandhi government to dilute the apex court’s landmark Shah Bano ruling The two-judge apex court bench of justices BV Nagarathna and Augustine George Masih said that divorced Muslim women can claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure. The two-judge apex court bench of justices BV Nagarathna and Augustine George Masih said that divorced Muslim women can claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure. Because the apex court has ruled that the Section 125 of the CrPC, a secular law, in effect supersedes the Muslim Women Act 1986 – a special act that governs the community.

Law Women Court Criminal Procedure Maintenance Order Muslim Women Muslim Act Bench Crpc Nagarathna Divorced Ndtv 1986 Samad Section 125 Shah Bano Section 125 Of 125 Bv Nagarathna Divorced Muslim Women  muslim  act  deal  women  order  laws  law  earlier  say  bench  maintenance  divorced  125  sc  1986  court

History of this topic

Muslim board to explore ways to overturn Supreme Court’s alimony verdict
5 months, 1 week ago

Muslim board to explore ways to overturn Supreme Court’s alimony verdict

The Hindu  

The All India Muslim Personal Law Board on July 14 asserted that the Supreme Court verdict on maintenance to Muslim women was against Islamic law and authorised its president to explore all possible measures to ensure that this decision is overturned. After a meeting of its working committee in New Delhi, the board adopted a resolution which stated that the …

Giving divorced Muslim women their due
5 months, 1 week ago

Giving divorced Muslim women their due

New Indian Express  

In what was hailed as a verdict that enhanced Muslim women's empowerment, the Supreme Court cleared the judicial cobwebs on their right to maintenance, saying they have the choice to seek remedy from their spouses under both secular and personal laws. Section 125 of the Criminal Procedure Code that deals with maintenance of the wife, children and parents, is religion …

AIMPLB may challenge Supreme Court verdict on maintenance to Muslim divorced women
5 months, 1 week ago

AIMPLB may challenge Supreme Court verdict on maintenance to Muslim divorced women

India TV News  

The All India Muslim Personal Law Board is preparing to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of 'Iddat', an AIMPLB member said. The AIMPLB's position is rooted in the belief that the order contradicts Islamic Shariat law, which stipulates that a husband is obligated to pay maintenance …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
5 months, 1 week ago

AIMPLB may challenge SC ruling on alimony to divorced Muslim women

Hindustan Times  

Lucknow and Meerut: The All India Muslim Personal Law Board is likely to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board has …

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained
5 months, 1 week ago

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure, which applies to all women “irrespective of religion.” The court highlighted that Section 125 of the CrPC provides more advantageous provisions for a divorced Muslim woman compared to those in the 1986 Act. The …

Muslim women’s alimony right meets the moment
5 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

BJP lauds Supreme Court verdict on maintenance for divorced Muslim women under secular law
5 months, 1 week ago

BJP lauds Supreme Court verdict on maintenance for divorced Muslim women under secular law

The Hindu  

The BJP on July 10 praised the Supreme Court verdict which declared that a divorced Muslim woman was entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code. Addressing a presser at the BJP’s national headquarters in New Delhi, party spokesperson Sudhanshu Trivedi said the verdict had “ended” a threat to the Constitution by the …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
5 months, 2 weeks ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
5 months, 2 weeks ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC
5 months, 2 weeks ago

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC

New Indian Express  

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion. He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women Act, 1986. The bench clarified that if …

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained
10 months ago

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained

The Hindu  

The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to …

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC
11 months, 2 weeks ago

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday held that a divorced Muslim woman’s right to maintenance from her former husband is unconditional and applicable even after she is remarried. HT Image The single judge bench of justice Rajesh Patil said that though the word “remarriage” was missing from section 3 of the Muslim Women Act, 1986, under which divorced Muslim …

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court
1 year, 5 months ago

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court

News 18  

The Bombay High Court last week held that even after divorce, a Muslim woman can seek maintenance and protection under the Protection of Women from Domestic Violence Act, 2005. The court was hearing a criminal revision application filed by the husband against the order dated November 17, 2021, passed by Sessions Judge Akola, dismissing the appeal filed by him and …

‘Divorced Muslim women are entitled to maintenance beyond Iddat period until remarriage’: What the Allahabad High Court said
1 year, 11 months ago

‘Divorced Muslim women are entitled to maintenance beyond Iddat period until remarriage’: What the Allahabad High Court said

Op India  

On Wednesday, January 4, the Allahabad High Court held that a divorced Muslim woman is entitled to maintenance from her ex-husband for the rest of her life until she remarries and not only till the completion of Iddat period. Azhar Husain Idrisi while hearing the appeal filed by a Muslim woman named Zahida Khatoon, against a Ghazipur family court order …

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court
2 years, 7 months ago

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court

Live Law  

The Allahabad High Court today observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. 1 along with her daughter moved to the Court in revision seeking to quash the judgment and order passed by the Principal Judge/A.D.J., Family Court, Lucknow wherein Section 125 CrPC Application moved by the Revisionist no. On the …

Breaking: Muslim Woman Has The Right To Invoke Extra-Judicial Divorce, Rules Kerala High Court, Overrules About Half-Century Old Precedent
3 years, 8 months ago

Breaking: Muslim Woman Has The Right To Invoke Extra-Judicial Divorce, Rules Kerala High Court, Overrules About Half-Century Old Precedent

Live Law  

Overruling a 49-year-old judgment that effectively barred Muslim women from resorting to extra judicial modes of dissolving marriage, the High Court has upheld the validity of these modes. Finding that the governing law, The Dissolution of Muslim Marriages Act did not contemplate the undoing of the modes of extra-judicial divorce available to women under personal law, the bench of Justices …

PIL in SC Seeks 'Gender and Religion Neutral' Uniform Grounds of Maintenance, Alimony for All Citizens
4 years, 2 months ago

PIL in SC Seeks 'Gender and Religion Neutral' Uniform Grounds of Maintenance, Alimony for All Citizens

News 18  

A PIL has been filed in the Supreme Court seeking “gender and religion neutral” uniform grounds of maintenance and alimony for all citizens keeping with the spirit of the Constitution and international conventions. The plea filed by BJP leader and advocate Ashwini Kumar Upadhyay seeks directions to the Union home and law ministries to take appropriate steps to remove the …

The Interplay Between Muslim Women (Protection of Rights on Divorce Act), Section 125 CrPC and Family Courts Act
4 years, 4 months ago

The Interplay Between Muslim Women (Protection of Rights on Divorce Act), Section 125 CrPC and Family Courts Act

Live Law  

The Supreme Court in the Shah Bano case, inter alia held that the statutory right granted under the general law of the land i.e. On the question of whether Section 125 was applicable to divorced Muslim women, the court held that the MW Act satisfied the object of Section 125, which is to avoid destitution and vagrancy. The object of …

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