Judges BV Nagarathna and Augustine George Masih emphasized the idea that maintenance is a fundamental right for all married women, regardless of their religion, and not a kind of charity. The verdict was made in response to an appeal filed by Mohd Abdul Samad, who contested the Telangana High Court’s decision to sustain the maintenance order issued by a family court.
According to Samad, a Muslim woman who is divorced should only file for support under the 1986 Muslim Women (Protection of Rights on Divorce) Act. The SC, however, rejected his petition, claiming that Section 125 is a secular law that applies to all women.
Source: NewsBytes
This decision is evocative of the landmark Shah Bano case, in which the supreme court upheld the Section 125 right to maintenance of a divorced Muslim woman. The 1986 Act, which was later passed, aimed to restrict this right; nonetheless, the court’s current ruling upholds Section 125’s continued relevance.
The Act’s development and the ensuing legal precedents have gradually increased the maintenance rights of Muslim women who have divorced. Although the Danial Latifi case from 2001 maintained the Act, it also gave maintenance rights past the iddat term till remarriage.In line with these changes, the most recent verdict guarantees Muslim women their rights.
Source: The Indian Express
The court’s declaration that maintenance is a right for all married women represents a major step for gender justice and equality in India. This verdict establishes a precedent for future cases while simultaneously strengthening the social and economic security of Muslim women and upholding constitutional norms.
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