In a landmark ruling on Wednesday, the Supreme Court affirmed that a Muslim women’s right to maintenance under criminal law remains intact even if she has claimed her rights under personal law. This decision, echoing the 2001 Daniel Latifi vs. Union of India case, clarifies that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the Code of Criminal Procedure (CrPC).
Justice B V Nagarathna’s bench emphasised that universal legal remedies cannot be nullified by religious customs, even if codified. This ruling reinforces the Constitution’s commitment to equality, transcending religious and other divides.
The issue of maintenance for Muslim women has long been contentious. The 1986 Act mandates that a former husband pay maintenance within the iddat period (three lunar months post-divorce). However, Section 125 of the CrPC requires a man to support his wife or former wife if she cannot maintain herself. Despite political and community resistance, the Supreme Court has consistently upheld that personal law cannot override Section 125.
The latest ruling marks a significant shift, framing maintenance not as charity but as a right. ‘This Court would not countenance unjust or Faustian bargains being imposed on women. The emphasis is on sufficient maintenance, not minimal amount. After all, maintenance is a facet of gender parity and enabler of equality, not charity,’ the court stated.
This decision also reframes gender justice as complementary, not antagonistic, to religious freedom, aligning both with constitutional rights. This perspective is particularly poignant given the Constitution’s prominence in recent political discourse and underscores its guiding role in personal law matters, from temple entry rights to excommunication issues.
In reaffirming Muslim women’s right to maintenance under criminal law, the Supreme Court’s recent verdict marks a pivotal moment for gender justice in India. Upholding equality over religious customs, the ruling underscores the constitutional principles of fairness and dignity for all citizens. At Vakilsearch, we advocate for legal frameworks that uphold these principles, ensuring rights are protected without compromise.
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