In Brief
In this landmark judgment, the Supreme Court held that a divorced Muslim woman can seek maintenance under the Criminal Procedure Code's Section 125 even after the 1986 Act was enacted. The Court rejected the husband's argument that the 1986 Act exclusively governs Muslim women's maintenance rights. Instead, both laws operate in distinct domains: Section 125 is a secular provision for all divorced women; the 1986 Act is personal law for Muslim women. A divorced Muslim woman may choose to invoke either or both provisions. The non-obstante clause in the 1986 Act enhances rights rather than restricting them. While the Court recognized that payments under the 1986 Act may offset Section 125 claims under Section 127(3)(b), it firmly established that divorced women cannot be forced to pursue maintenance solely through complex relative-based schemes when capable husbands exist. The judgment affirms that maintenance is a constitutional right grounded in gender equality and dignity, not charity.
The lawyer headnote and full judgment text are available to registered users.