Divorced Muslim women are entitled to maintenance under Section 125 of the CrPC
1. Divorced Muslim women are entitled to maintenance under Section 125 of the CrPC:
• The Supreme Court clarified that divorced Muslim women can claim maintenance under Section 125 of the CrPC, irrespective of personal laws.
2. Impact of the Muslim Women (Protection of Rights on Divorce) Act, 1986:
• The enactment of this Act aimed to restrict the rights of Muslim women but was upheld as valid in 2001 by a Constitution Bench.
• The Act was interpreted to coexist with the right of Muslim women to seek maintenance under secular laws.
3. The 1986 Act and Section 125 of the CrPC provide parallel remedies:
• Both personal law provisions and secular remedies for maintenance are deemed essential for divorced Muslim women.
• The 1986 Act obligates Muslim husbands to provide for their divorced wives and children, while the CrPC aims to prevent women's vagrancy.
4. Clarification on the rights of divorced Muslim women:
• The recent verdict by Justice B.V. Nagarathna and Justice Augustine George Masih emphasized that the rights provided under the 1986 Act are additional to and not replacing existing legal rights.
• This verdict expands the scope of rights for Muslim women and ensures access to secular remedies for maintenance since 1986.
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