The Supreme Court of India has said in a landmark verdict that a divorced Muslim woman is entitled to seek the aid of Section 125 of the Code of Criminal Procedure for maintenance. A bench comprising Justices BV Nagarathna and Augustine George Masih held that maintenance is the fundamental right of married women, transcending religious boundaries. The court clarified that the verdict applies to women of all religions, not just any particular religion.
Case Background
The case involved a Muslim man who challenged a Telangana High Court decision requiring him to pay inflation-adjusted maintenance to his ex-wife. The Supreme Court upheld the High Court’s verdict, dismissing all arguments presented by the man’s lawyer. This decision is being hailed as a landmark moment for women’s rights in India.
Maintenance as a Fundamental Right
Justice Nagarathna, in delivering the judgment, stated, “We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all women and not just married women.” This ruling underlines that providing maintenance is not charity but a fundamental right of married women, ensuring financial security post-divorce.
Moving Towards Uniform Civil Code (UCC)
The verdict i is being viewed as a step toward the Uniform Civil Code that seeks to treat all citizens alike irrespective of their religion. In laying down that maintenance will not be decided based on religious grounds, the SC has gone a long way in ensuring gender justice and the rights of women in India.
Implications for Women’s Financial Security
This ruling guarantees the legal right of divorced women to seek support, regardless of their religious affiliation. Wide-ranging effects on women’s financial security after divorce are anticipated in all Indian cultures. The ruling demonstrates how Indian law is changing to treat all citizens more uniformly and fairly, in line with the larger constitutional ideals of equality and nondiscrimination.
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