In Mohd v. State of Telangana, (India Sup. Ct., July 10, 2024), a 2-judge panel of India's Supreme Court held that a Muslim woman who has been divorced under Muslim law, has a choice of seeking maintenance under the secular provisions of Section 125 of the Code of Criminal Procedure in addition to remedies available under the 1986 Muslim Women (Protection of Rights on Divorce) Act. Each of the two justices wrote an opinion. Justices Nagarathna in his opinion said in part:
... [A] technical or pedantic interpretation of the 1986 Act would stultify not merely gender justice but also the constitutional right of access to justice for the aggrieved Muslim divorced women who are in dire need of maintenance. This Court would not countenance unjust or Faustian bargains being imposed on women. The emphasis is on sufficient maintenance, not minimal amount. After all, maintenance is a facet of gender parity and enabler of equality, not charity. It follows that a destitute Muslim woman has the right to seek maintenance under Section 125 of the CrPC despite the enactment of the 1986 Act. Thus, an application for maintenance under Section 125 of the CrPC would not prejudice another application under Section 3 of the 1986 Act insofar as the latter is additional in nature and does not pertain to the same requirements sought to be provided for by Section 125 of the CrPC. One cannot be a substitute for or supplant another; rather it is in addition to and not in derogation of the other.
The Independent reports on the decision.
