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Monday, July 22, 2024

Muslim Girls Entitled To Alimony On Divorce, Guidelines Supreme Court docket

Upkeep, the Supreme Court docket stated, isn’t charity, however the fitting of married ladies

New Delhi:

A divorced Muslim girl can search alimony from her husband below Part 125 of the Code of Legal Process – the regulation associated to upkeep for wives – the Supreme Court docket dominated right this moment. The massive judgment got here as a bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a Muslim man’s petition difficult a path to pay his spouse upkeep after divorce.¬†

“We’re hereby dismissing the prison attraction with the main conclusion that Part 125 can be relevant to all ladies and never simply married ladies,” Justice Nagarathna stated. Justice Nagarathna and Justice Masih delivered separate, however concurrent, judgments.

The bench made it clear that the regulation for searching for upkeep applies to all married ladies, no matter their faith.

Part 125 broadly says an individual with ample means can’t deny upkeep to their spouse, kids or dad and mom.¬†

Upkeep isn’t a matter of charity however a basic proper of married ladies, the courtroom stated. “This proper transcends spiritual boundaries, reinforcing the precept of gender equality and monetary safety for all married ladies,” it added.

“Some husbands are usually not acutely aware of the truth that the spouse, who’s a homemaker, depends on them emotionally and in different methods. Time has come for Indian males to recognise the indispensable function and sacrifices made by housewives for the household.”

The Case, The Arguments

The landmark judgment has come on a petition by Mohd Abdul Samad, who was directed by a household courtroom to pay a month-to-month allowance of Rs 20,000 to his divorced spouse. Mr Samad challenged the path in Telangana Excessive Court docket, which modified the quantity to Rs 10,000. He then moved the Supreme Court docket. His counsel argued that divorced Muslim ladies can search recourse to the Muslim Girls (Safety of Rights on Divorce) Act, 1986 Act and harassed that it gives way more than what Part 125 CrPC does. He additionally argued {that a} particular regulation — referring to the Act — shall prevail over a basic regulation.

Amicus Curiae Gaurav Agarwal countered that the private regulation doesn’t take away a girl’s entitlement to aid below the gender-neutral CrPC.

The Historical past, The Significance

To grasp the importance of this judgment, there’s a want to return to the Shah Bano case in 1985. On this landmark verdict, the Supreme Court docket had dominated that Part 125 of CrPC applies to everybody, no matter their faith. This was, nonetheless, diluted by the Muslim Girls (Safety of Rights on Divorce) Act, 1986, that said that the Muslim girl can search upkeep solely throughout iddat — 90 days after the divorce.

In 2001, the Supreme Court docket upheld the Constitutional validity of the 1986 Act, however dominated that the duty of a person to offer upkeep to his divorced spouse extends until she remarries or is ready to assist herself. Right now’s order additional consolidates a divorced girl’s order to hunt alimony below CrPC, no matter her faith.

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