Previous Story
Joint accounts, ATM access: Supreme Court says ’practical measures’ necessary for homemakers
Posted On 10 Jul 2024
Comment: Off
The Supreme Court on Wednesday underlined the importance of homemaker’s role in the family, and said that practical measures were necessary to ensure economic stability for women.
The observations were made by a bench of Justice BV Nagarathna and Justice Augustine George Masih as Supreme Court ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC.
The court was hearing a petition challenging Telangana High Court order refusing to interfere with the maintenance order.
“We highlight the necessity for husbands to provide financial support to their wives,” reported NDTV citing court’s observation.The bench further added that practical measures such as maintaining joint bank accounts and sharing ATM access to ensure economic stability for women within the household.
Meanwhile, the apex ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC.
The court noted that the ‘religion neutral’ provision is applicable to all married women irrespective of their religion.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices B V Nagarathna and Augustine George Masih said while stressing that maintenance is not charity but the right of all married women.
What was the case
Mohammed Abdul Samad challenged a Telangana High Court order refusing to interfere with the maintenance order of the Family Court. However, the apex court dismissed the petition. After the petitioner’s argument, the bench had reserved its verdict on February 19.
According to PTI, Samad said that he got divorced in accordance with personal laws in 2017 and there was a divorce certificate to that effect, but it was not considered by the Family Court, which ordered for payment of interim maintenance.
Samad contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the 1986 Act.
What Supreme Court said
Dismissing the criminal appeal, the court said that the Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law
A bench said while stressing that maintenance is not charity but the right of all married women, reported PTI.
The erstwhile Code of Criminal Procedure’s Section 125, which deals with a wife’s legal right to maintenance, covers Muslim women, added the bench.
