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Rights of divorced Muslim women in India UPSC NOTE

 Why in news

  • The Supreme Court held that divorced Muslim women are entitled to maintenance under the “secular” Section 125 of the Code of Criminal Procedure

Rights of divorced Muslim women

  • A remedy under the secular statutory provision of Section 125 of the Cr.PC cannot be foreclosed for divorced Muslim women by virtue of enactment of a personal law remedy under the Muslim Women (Protection of Rights on Divorce) Act, 1986

  • A divorced Muslim woman is entitled to all rights of maintenance available to other equally situated women in the country

  • Section 3 of the 1986 Act requires a man to provide for a “reasonable and fair provision of maintenance” to his divorced Muslim wife only during the iddat period

  • Once the iddat period expires, the personal law obligation to maintain the divorced Muslim woman ceases.

  • On the other hand, Section 125 mandates a husband to provide monthly maintenance to his divorced wife, irrespective of her faith

  • “Any divorced wife who has not remarried is entitled to maintenance by her ex-husband who has sufficient means but has neglected or refused to maintain her,” court said

  • Further, the 1986 Act holds a Muslim man liable to pay his divorced wife maintenance for their children for only a period of two years from birth

  • Section 125 requires a husband to pay for their children till they attain the age of majority. 

  • Again, there is no upper limit fixed for payment of maintenance under Section 125, making it a more beneficial provision compared to the 1986 law

  • The choice is left to the Muslim woman to apply for maintenance either under Section 125 or the 1986 Act. 

  • If a Muslim woman is unable to maintain herself, she could apply for maintenance under Section 125. 

  • If, on the other hand, she is able to take care of herself financially, she could very well seek maintenance under the 1986 Act till the expiry of the iddat period

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Rights of divorced Muslim women in India UPSC NOTE
Rights of divorced Muslim women in India UPSC NOTE
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