The personal laws of any religion should not be allowed to become instruments to perpetuate injustice and rob women of dignity and right to equality. The Supreme Court’s latest ruling that all divorced women, irrespective of their religion, are entitled to claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC), is a landmark verdict and marks a moment of triumph for equality and gender justice. Maintenance is not a form of charity but a fundamental right of all women, cutting across religious lines. A two-member bench, comprising BV Nagarathna and Augustine George Masih, rightly upheld the principle of equality and unequivocally ruled that the Muslim Women (Protection of Rights on Divorce) Act, 1986, will not prevail over Section 125 of the CrPC.
The ruling came in response to an appeal by Mohammed Abdul Samad, who challenged the Telangana High Court’s decision to uphold a family court’s maintenance order. Samad argued that a divorced Muslim woman should seek maintenance solely under the Muslim Women (Protection of Rights on Divorce) Act, 1986. However, the SC dismissed his appeal, asserting that Section 125 is a secular provision applicable to all women. The judgement is a tribute to the judiciary’s commitment to the protection of the fundamental rights of the citizens. The latest verdict is reminiscent of the historic Shah Bano case, where the apex court ruled in favour of a divorced Muslim woman’s right to maintenance under Section 125.