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 neutral and can be invoked by all women, including Muslim women, a bench of justices B V Nagarathna and Augustine George Masih ruled in separate but concurring verdicts. Samad claimed he tried to send Rs 15,000 as maintenance for the iddat period mandated by the Muslim Women Act, 1986, but his wife rejected it and moved a petition for interim maintenance under Section 125 of the CrPC before the family court. Samad cited several case laws to argue that a special law like the 1986 Act supersedes the general CrPC in its application. The court agreed with amicus curiae Gaurav Agrawal that remedy under a secular statutory provision of Section 125 of the CrPC is not foreclosed for a divorced Muslim woman through the enactment of a personal law under Section 3 of the 1986 Act to limit the extent of maintenance.

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History of this topic

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
1 month, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

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 …

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 …

Why is SC order on maintenance to divorced Muslim women a big deal? What did laws say earlier?
5 months, 1 week 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 …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
5 months, 1 week 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, 1 week 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 …

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide
8 months ago

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide

Live Law  

The Supreme Court is set to examine whether a wife who refuses to live with her husband, citing mental cruelty inflicted by his husband and his family members, can be denied maintenance in view of Section 125 of the CrPC. The concerned provision reads as follows: “No wife shall be entitled to receive an allowance from her husband under this …

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 …

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC
10 months, 3 weeks ago

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a husband is duty-bound to provide maintenance to his wife u/s 125 CrPC even if has no income from his job and he can earn Rs. A bench of Justice Renu Agarwal observed thus while referring to the Supreme Court's ruling in the case of Anju Garg vs Deepak Kumar Garg 2022 …

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 …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 5 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

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 …

Husband's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance
1 year, 10 months ago

Husband's Pension Blocked Due To Wife's Complaint: Calcutta HC Dismisses Wife's Plea For Enhanced Maintenance

Live Law  

While dismissing a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure, the Calcutta High Court on Monday observed that the wife's plea praying for enhancement of maintenance after blocking a substantial source of the husband’s income amounts to an abuse of process of law. Justice Shampa Dutt underscored, “This is a case where a …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
1 year, 11 months ago

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Live Law  

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife …

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 …

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony
4 years, 2 months ago

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take steps to remove the prevailing anomalies in the grounds of maintenance and alimony and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, …

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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