Supreme Court Reaffirms Maintenance Rights for Muslim Women

The Supreme Court recently ruled that Muslim women can seek maintenance from their husbands under Section 125 of the Criminal Procedure Code (CrPC). This decision is reminiscent of the landmark Shah Bano Begum case of 1985, which established that Muslim women are also entitled to maintenance. The ruling reaffirmed the principle that such rights are independent of personal laws and emphasized the need for uniform civil rights.

The Supreme Court's ruling on Wednesday, stating that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC, reignited memories of the historic Shah Bano Begum case of 1985.

The issue of Muslim women receiving maintenance under the secular provision of Section 125 had first captured political discourse in 1985, when the Constitution bench in the case of Mohd Ahmed Khan versus Shah Bano Begum unanimously ruled in favor of Muslim women's entitlement to maintenance.

The Shah Bano verdict had sparked controversy over the true obligations of a Muslim husband to support his divorced wife, especially beyond the 'iddat' period (three months). To clarify this position, the Rajiv Gandhi-led central government introduced the Muslim Women (Protection of Rights on Divorce) Act of 1986 to specify these entitlements.

(With inputs from agencies.)