MAINTENANCE OF A MUSLIM WIFE UNDER SECTION 125 CrPC: AN OVERVIEW OF SUPREME COURT CASES

Abstract

Muslim law in its pristine purity was an admirable system of jurisprudence providing, as it did, many rational and revolutionary concepts which could not be conceived by the other systems of law then in force at that distant date. It provided, for example, for the right of inheritance to the females even when there were male heirs and also the modern concept of divorce by mutual consent, while the other systems of law took so many centuries to do so. Although it evolved over years it still has some lacunae, especially regarding the maintenance of wife after divorce and which law should guide the issues concerning this concept. Muslim law provides for the maintenance of wife and her rights over the claim of maintenance during marriage as well as after the dissolution of the marriage. There are many progressive legislations which came up for protection of Muslim women rights after divorce. One such important legislation which will be discussed in this paper is Muslim women protection of rights on divorce, 1986. This paper tries to throw light on the circumstances which are essential to provide for maintenance after divorce. Also discusses those situations where husband is not liable to maintain his wife, what is the time period for providing maintenance and the conflict between personal law and criminal procedure code. This paper also gives an insight into the cases dealt by the Supreme Court of India over decades which tried to resolve the conflict and emergence of uniform civil code regarding applicability of Sec. 125 of CrPC. Some of the case laws like Shah Bano, Danial Latifi which are a breakthrough in the concerned law are discussed briefly.