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  • Category: Miscellaneous
    Points:5

    I am happy with this Supreme Court judgment

    In 1985, the Shah Bano judgment by the Supreme Court marked a significant decision in India, highlighting the relationship between secular state principles and individual constitutional rights within religious contexts. Following the judgment, the Rajiv Gandhi Government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, specifying maintenance provisions for divorced Muslim women. Section 3 of the Act limited maintenance to the 'iddat' period and stipulated payment of 'mahr' to the divorced Muslim women.

    The Act faced constitutional challenges, arguing violations of Articles 14, 15, and 21. On 10th July, 2024, the Supreme Court has ruled that Muslim women can seek maintenance under Section 125 of the Code of Criminal Procedure (CrPC) as well as the 1986 Act. Justices B.V. Nagarathna and Augustine George Masih has now upheld that Section 125 applies to all married women, including Muslim women. They have emphasized that divorced Muslim women can choose remedies under either or both laws.

    The apex court has now clarified that even if a husband fulfills obligations under the 1986 Act, a divorced Muslim woman can still invoke Section 125 of CrPC, if unable to maintain herself. Additionally, in cases of illegal divorce under the 2019 Act, which bans triple talaq, women can seek relief under Section 5 or Section 125. The judgment has emphasized maintenance as a social justice measure, asserting gender equality.

    The members who want to study the judgment of Supreme Court, can use the following link: https://webapi.sci.gov.in/supremecourt/2024/3533/3533_2024_11_1501_53688_Judgement_10-Jul-2024.pdf

    ------------------

    This epoch-making judgment to safeguard the interest of divorced Muslim women has made me happy.
  • #780926

    Points:2
    A divorced women should be entitled to receive maintenance irrespective of whichever religion she belongs. This is to safeguard the interest of the women community and is based on the principal of equal justice to all.
    I also feel that this is a good decision by SC to reaffirm their views on this matter.
    Knowledge is power.

  • #780930

    Points:3
    Any court order upholding the dignity and rights of the women is a welcome thing.
    In this world in many societies women are still considered a weaker sex and men exploit them. Some men leave their wives on the mercy of nature and give divorce without compensating them financially.
    Govt and courts in a country must look these cases not only sympathetically but as a necessity to honour and respect woman.
    Thoughts exchanged is knowledge gained.

  • #780932

    Points:4
    The initiative taken up by the Supreme Court id is a right step to help the widows in the event of their divorce. It is very unfortunate that they are deprived of the legimate requirements in the hours of their crisis. Though these ladies are not alone in the distressed hours. They must have their kids or some close relatives to share their emotions and physical supports.
    However, it is not necessary that they are to get all such support in the critical moment always.
    The earlier decision was in favour of Muslim Women. However, it must be applicable to the entire ladies divorced due to any reason. This will provide them with a sense of security.

  • #780933

    Points:5
    This is a welcome judgment from the Supreme Court. Now Muslim women can also demand maintenance under Section 125 of the Code of Criminal Procedure 1973 against their erstwhile husband. I think all women including Muslim women will be happy with this outcome.
    The All India Muslim Personal Board (AIMPLB), considered this verdict as against the Muslim personal law. A representative from that board said that the Supreme Court verdict was against Sharia laws. He said that the court should not apply Indian Penal Laws in this contest.
    Still, this board has not decided their future course of action. Still, they want to understand the court verdict fully and then decide their future course of action. Anyhow I feel Muslim women will welcome this decision. Anyhow let us wait and see how the issue will be settled.
    drrao
    always confident

  • #780937

    Points:2
    Jha Sir, in his response, has stated: "The earlier decision was in favour of Muslim Women. However, it must be applicable to the entire ladies divorced due to any reason."--------------I have not understood what Jha Sir wants to mean.

    Jha Sir may kindly elaborate.
    Billo Rani kahon to abhi jaan de doon: Oh dear Billo, if you ask, I will give my life

  • #780958

    Points:2
    I don't know why religious laws are applied to marriages. There should be only one law to protect every citizen be it a Muslim/Hindu/Sikh/Christian/Jain/Buddhist. Having separate laws for each religion is like running another country in a country. When nation is one then what's the need of different laws based on religion?
    Humble yourself or life will do it for you!

  • #780960

    Points:4
    "I don't know why religious laws are applied to marriages."-----------Well, none of us knows this for sure. We have to ask Nehru and his successors, but unfortunately, he himself, his daughter and grandson are not available to answer this question.

    The present government and the judiciary are separately doing a commendable job to give justice to such divorced Muslim women, despite facing stiff opposition from some quarters.

    Ultimately, India is moving towards UCC. However, many unfortunate Muslim women like Shah Bano had to fight a lifelong battle against patriarchy, obsolete law and those political leaders who treat the entire Indian Muslim community as a monolithic vote bank.
    Billo Rani kahon to abhi jaan de doon: Oh dear Billo, if you ask, I will give my life

  • #780986

    Points:3
    That is the most unfortunate issue in our country. In a democratic set, a person can be allowed to choose any religion he wants but there should not be any discrimination between people belonging to different religions. But in India, we see a different situation. Different rules are framed for people belonging to different religions. How to get rid of this is a big question. There should be uniformity in the civil code for all the Indian Nationals. That is very much required.
    drrao
    always confident

  • #780993

    Points:3
    It is shame that in a democratic country women have to face such issues. A women is a women and there should be a uniform law to deal with the problems of females without any discrimination based on religion or caste or anything. We are not a Islamic nation and there should be no place for Shariah laws and any law similar to them. India is a democratic country not an autocracy and both genders must have equal rights.
    Thanks and regards.

  • #780998

    Points:4
    Babu Sir has stated:"We are not a Islamic nation and there should be no place for Shariah laws and any law similar to them."----------------In this connection, I would like to state that most of the Islamic countries have changed all these laws.

    Even Pakistan changed the system of 'triple talaq at one go' and alimony issues way back in the sixties during the regime of Ayyub Khan. It is a shame that a democratic, progressive country like India still continues with laws of the medieval period for a section of women, only to satisfy some religious leaders with medieval patriarchial mindset and to get some votes by some political parties who believe in appeasing the males of a particular community.
    Billo Rani kahon to abhi jaan de doon: Oh dear Billo, if you ask, I will give my life


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