Right of Muslim Women under Section 125 of the CrPC: An Overview with the Latest Judgments
Introduction
The legal landscape concerning the rights of Muslim women in India has evolved significantly, particularly in the context of maintenance under Section 125 of the Code of Criminal Procedure (CrPC). Section 125 CrPC is a secular provision that mandates maintenance to wives, children, and parents to prevent destitution and vagrancy. It ensures that individuals who cannot support themselves are provided for by their relatives. This article delves into the right of Muslim women under Section 125 CrPC, analyzing its implications and the latest judicial pronouncements.
Section 125 CrPC: An Overview
Section 125 of the CrPC provides a swift and inexpensive remedy for the neglected wife, children, and parents. The objective is to provide a quick and summary remedy to avoid starvation and vagrancy. Under this section, a wife (including a divorced wife), a minor child, and aged or infirm parents can seek maintenance from a person who has sufficient means but neglects or refuses to maintain them.
Applicability to Muslim Women
Historically, the application of Section 125 to Muslim women has been a subject of considerable debate, primarily due to differing interpretations of Islamic law and secular law. The landmark case that brought significant changes in this regard was Mohd. Ahmed Khan v. Shah Bano Begum (1985). The Supreme Court of India held that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC, notwithstanding the provisions of personal law.
However, the controversy following this judgment led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which aimed to nullify the Shah Bano judgment and restricted the rights of divorced Muslim women to maintenance only during the iddat period (roughly three months post-divorce). Despite this, the Supreme Court in Danial Latifi v. Union of India (2001) interpreted the 1986 Act in a manner that harmonized it with Section 125 CrPC, thereby ensuring that Muslim women receive fair and reasonable maintenance even after the iddat period.
Latest Judicial Pronouncements
1. Shabana Bano v. Imran Khan (2009): The Supreme Court reiterated that Muslim women can claim maintenance under Section 125 CrPC even after the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The court clarified that a Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife, which includes her maintenance.
2. Iqbal Bano v. State of UP and Anr. (2007): The court held that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC if she has not remarried and is unable to maintain herself. This judgment emphasized the overriding nature of Section 125 CrPC in providing maintenance irrespective of personal laws.
3. Najma Bibi v. Sk. Nizamuddin (2018): The Calcutta High Court ruled that the provision for maintenance under Section 125 CrPC is applicable to Muslim women, reinforcing the principle that the remedy under this section is available to all women, regardless of their religion.
4. Nusrat Begum v. Rizwan Ahmed (2021): The Karnataka High Court upheld the maintenance awarded to a divorced Muslim woman under Section 125 CrPC, reiterating the principle that the provision is a beneficial piece of legislation aimed at preventing vagrancy and ensuring social justice.
5. MOHD. ABDUL SAMAD VS THE STATE OF TELANGANA & ANR. (2024): Section 125 of the CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act. If Muslim women are married and divorced under Muslim law then Section 125 of the CrPC as well as the provisions of the 1986 Act are applicable. Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws. This is because the 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the said provision. If Section 125 of the CrPC is also resorted to by a divorced Muslim woman, as per the definition under the 1986 Act, then any order passed under the provisions of 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC.
Conclusion
The right of Muslim women to seek maintenance under Section 125 CrPC is firmly established, transcending the boundaries of personal laws. Judicial pronouncements have consistently upheld the applicability of this provision to Muslim women, ensuring that they are not left destitute post-divorce. The judiciary's role in interpreting and harmonizing the conflicting provisions of personal law and secular law has been crucial in safeguarding the rights of Muslim women. As society progresses, it is imperative that these legal provisions continue to evolve, reflecting the principles of equality, justice, and social welfare.
References
1. Mohd. Ahmed Khan v. Shah Bano Begum, 1985 SCR (3) 844.
2. Danial Latifi v. Union of India, (2001) 7 SCC 740.
3. Shabana Bano v. Imran Khan, (2009) 5 SCC 662.
4. Iqbal Bano v. State of UP and Anr., (2007) 6 SCC 785.
5. Najma Bibi v. Sk. Nizamuddin, Calcutta High Court, 2018.
6. Nusrat Begum v. Rizwan Ahmed, Karnataka High Court, 2021.
7. MOHD. ABDUL SAMAD VERSUS THE STATE OF TELANGANA & ANR. CRIMINAL APPEAL NO. 2842 OF 2024